Edinburgh and District Tramways Co., Ltd v. Courtenay [1908] ScotLR 102 (29 October 1908)

Edinburgh and District Tramways Co., Ltd v. Courtenay [1908] ScotLR 102 (29 October 1908)

No claim for recompense arises where the pursuers have not suffered loss and the items remain their property, and the operations were carried out in suo for their own benefit as much as for the defender; no contract or honourable understanding was proved.

Citation
[1908] ScotLR 102
Parties
Pursuer: Edinburgh and District Tramways Company, Limited; Defender: J.W. Courtenay
Jurisdiction
Scotland
Judgment Date
29 October 1908
Procedural Posture
Civil / Appeal (reclaiming Note)
Outcome
Appeal allowed; defender assoilzied (absolved) from pecuniary claims; action dismissed.
Legal Topics
Recompense, Operations in Suo, Honourable Understanding, Quantum Lucratus, Ameliorations
Contract Restitution Commercial Recompense Operations in Suo Honourable Understanding Quantum Lucratus Ameliorations

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Parties

Edinburgh and District Tramways Company, Limited

Pursuer

J.W. Courtenay

Defender

Procedural Posture

Civil / Appeal (reclaiming Note)

Legal Issues

  1. 1 Whether the defender is liable to pay for the cost of frames and boards fitted to tramway cars for advertising purposes under contract or recompense.
  2. 2 Whether a claim for recompense arises when operations are carried out in suo and benefit both parties.

Ratio Decidendi

No claim for recompense arises where the pursuers have not suffered loss and the items remain their property, and the operations were carried out in suo for their own benefit as much as for the defender; no contract or honourable understanding was proved.

Court Disposition

Appeal allowed; defender assoilzied (absolved) from pecuniary claims; action dismissed.

Orders

  • Lord Ordinary's interlocutor recalled.
  • Defender assoilzied from pecuniary conclusions of the summons.