Edinburgh Tramways v Courtenay [1908] ScotCS CSIH_8 (29 October 1908)

No relevant claim for recompense exists as the pursuers did not suffer a loss; the boards and fillets remained their property and benefited them as much as the defender. No agreement was proved.

Citation: [1908] ScotCS CSIH_8
Parties: Pursuer: Edinburgh and District Tramways Co., Limited; Defender: Courtenay
Jurisdiction: Scotland
Judgment Date: 29 October 1908
Procedural Posture: Civil / Final Appellate Judgment
Outcome: claim dismissed; defender assoilzied
Legal Topics: Recompense, Contract Formation, Equitable Doctrine

Contract Unjustified Enrichment Recompense Contract Formation Equitable Doctrine

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Edinburgh and District Tramways Co., Limited

Pursuer

Courtenay

Defender

Procedural Posture

Civil / Final Appellate Judgment

Legal Issues

1 Whether the pursuers are entitled to recompense for boards and fillets installed on tramway cars used for advertising purposes
2 Whether an agreement existed obliging the defender to pay for these installations

Ratio Decidendi

No relevant claim for recompense exists as the pursuers did not suffer a loss; the boards and fillets remained their property and benefited them as much as the defender. No agreement was proved.

Court Disposition

claim dismissed; defender assoilzied

Orders

Defender assoilzied from the conclusions of the summons