Edgar v. Hector [1912] ScotLR 282 (20 January 1912)

Edgar v. Hector [1912] ScotLR 282 (20 January 1912)

The contract was induced by essential error as to the identity of the subject-matter, caused by the seller's representations that the chairs were antique, entitling the buyer to rescind the contract and recover payment.

Citation
[1912] ScotLR 282
Parties
Pursuer: Melvin Edgar; Defender: William Cunningham Hector
Jurisdiction
Scotland
Judgment Date
20 January 1912
Procedural Posture
Sale of Goods Dispute / Appeal From Sheriff Court, Inner House First Division
Outcome
Appeal dismissed; contract rescinded; defender assoilzied; counter-claim sustained.
Legal Topics
Rescission, Essential Error, Innocent Misrepresentation
Contract Law Sale of Goods Rescission Essential Error Innocent Misrepresentation

Case Brief

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Parties

Melvin Edgar

Pursuer

William Cunningham Hector

Defender

Procedural Posture

Sale of Goods Dispute / Appeal From Sheriff Court, Inner House First Division

Legal Issues

  1. 1 Whether the contract of sale can be rescinded for essential error induced by innocent misrepresentation
  2. 2 Whether the buyer relied on representations as to the chairs being antique

Ratio Decidendi

The contract was induced by essential error as to the identity of the subject-matter, caused by the seller's representations that the chairs were antique, entitling the buyer to rescind the contract and recover payment.

Court Disposition

Appeal dismissed; contract rescinded; defender assoilzied; counter-claim sustained.

Orders

  • Defender assoilzied from conclusions of petition
  • Counter-claim for £95 sustained