Gilchrists v. Whyte [1907] ScotLR 699 (31 May 1907)
The defender's agent's statement was not a representation but an expression of opinion; no relevant averment of breach of contract or actionable representation was made. Losses incurred by pursuers were part of abortive negotiations and not recoverable. Action dismissed.
- Citation
- [1907] ScotLR 699
- Parties
- Pursuer: Jessie Herbert Gilchrist; Pursuer: Margaret Agnes Gilchrist; Defender: William M'Nicol Whyte
- Jurisdiction
- Scotland
- Judgment Date
- 31 May 1907
- Procedural Posture
- Civil / Appeal From Sheriff Court Decision
- Outcome
- action dismissed
- Legal Topics
- Recompense, Heritable Loan, Damages for Abortive Negotiations, Reliance on Representations
Case Brief
Summary, issues, holding and outcome
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Parties
Jessie Herbert Gilchrist
Pursuer
Margaret Agnes Gilchrist
Pursuer
William M'Nicol Whyte
Defender
Procedural Posture
Civil / Appeal From Sheriff Court Decision
Legal Issues
- 1 Whether pursuers are entitled to damages for expenses incurred in reliance on defender's representations during negotiations for a heritable loan
- 2 Whether defender's agent's statement constituted a representation sufficient to found liability for expenses
- 3 Whether there was a concluded contract for a loan over heritage
Ratio Decidendi
The defender's agent's statement was not a representation but an expression of opinion; no relevant averment of breach of contract or actionable representation was made. Losses incurred by pursuers were part of abortive negotiations and not recoverable. Action dismissed.
Court Disposition
action dismissed
Orders
- appeal sustained
- interlocutor appealed against recalled
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