Rodger (Builders) Ltd v Fawdry [1950] ScotCS CSIH_3 (23 June 1950)

Rodger (Builders) Ltd v Fawdry [1950] ScotCS CSIH_3 (23 June 1950)

The seller was not entitled to rescind the contract as there was no unjustifiable delay and the ultimatum was not warranted; the subsequent purchasers were not bona fide as they failed to inquire into the prior contract, thus the missives and disposition must be reduced.

Citation
[1950] ScotCS CSIH_3
Parties
Pursuer: Rodger (Builders) Ltd; First Defender: Mr Fawdry; Second Defender: Mr Bell; Third Defender: Mrs Bell
Jurisdiction
Scotland
Judgment Date
23 June 1950
Procedural Posture
Civil / Appeal Judgment
Outcome
judgment for pursuers
Legal Topics
Rescission of Contract, Bona Fide Purchaser, Specific Implement, Reduction of Disposition
Property Law Contract Law Rescission of Contract Bona Fide Purchaser Specific Implement Reduction of Disposition

Case Brief

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Parties

Rodger (Builders) Ltd

Pursuer

Mr Fawdry

First Defender

Mr Bell

Second Defender

Mrs Bell

Third Defender

Procedural Posture

Civil / Appeal Judgment

Legal Issues

  1. 1 Was the seller entitled to rescind the contract for sale due to delay in payment?
  2. 2 Are subsequent purchasers entitled to protection as bona fide purchasers when aware of a prior contract?
  3. 3 Is the pursuer entitled to reduction of the subsequent disposition and specific implement?

Ratio Decidendi

The seller was not entitled to rescind the contract as there was no unjustifiable delay and the ultimatum was not warranted; the subsequent purchasers were not bona fide as they failed to inquire into the prior contract, thus the missives and disposition must be reduced.

Court Disposition

judgment for pursuers

Orders

  • Reduction of missives and disposition in favour of Mrs Bell
  • Specific implement of contract between pursuers and Mr Fawdry