Morrisson v Robertson [1907] ScotCS CSIH_11 (19 December 1907)

Morrisson v Robertson [1907] ScotCS CSIH_11 (19 December 1907)

There was no contract of sale between Morrisson and Telford because Morrisson intended to contract only with James Wilson, not Telford; thus, Telford acquired no title and could not transfer title to Robertson, even as a bona fide purchaser. Morrisson remained the owner and was entitled to recover the cows.

Citation
[1907] ScotCS CSIH_11
Parties
Pursuer: Robert Morrisson; Defender: Robertson; Fraudster: Alexander Telford
Jurisdiction
Scotland
Judgment Date
19 December 1907
Procedural Posture
Civil / Appeal
Outcome
judgment for pursuer
Legal Topics
Sale of Goods, Fraud, Title to Property, Mistake as to Identity, Void and Voidable Contracts
Contract Law Property Law Sale of Goods Fraud Title to Property Mistake as to Identity Void and Voidable Contracts

Case Brief

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Parties

Robert Morrisson

Pursuer

Robertson

Defender

Alexander Telford

Fraudster

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether a contract of sale existed between Morrisson and Telford
  2. 2 Whether title to the cows passed to Robertson as a bona fide purchaser
  3. 3 Effect of mistake as to identity induced by fraud on the validity of contract and transfer of property

Ratio Decidendi

There was no contract of sale between Morrisson and Telford because Morrisson intended to contract only with James Wilson, not Telford; thus, Telford acquired no title and could not transfer title to Robertson, even as a bona fide purchaser. Morrisson remained the owner and was entitled to recover the cows.

Court Disposition

judgment for pursuer

Orders

  • Decree for delivery of the cows to Morrisson
  • If delivery is not possible, remedy for value to be determined