Glynwed Distribution Ltd v S Koronka & Co [1976] ScotCS CSIH_3 (29 October 1976)

Glynwed Distribution Ltd v S Koronka & Co [1976] ScotCS CSIH_3 (29 October 1976)

There was consensus in idem as to the subject matter (hot rolled steel) and the defenders accepted delivery; in the absence of agreement on price, the court must fix a reasonable price under section 8(2) of the Sale of Goods Act 1893, considering fairness to both parties and the circumstances, including market conditions and the nature of the goods delivered.

Citation
[1976] ScotCS CSIH_3
Parties
Pursuer: Glynwed Distribution Ltd; Defender: S. Koronka & Co
Jurisdiction
Scotland
Judgment Date
29 October 1976
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal to Court of Session (inner House)
Outcome
Appeal sustained; interlocutor of Sheriff Principal recalled; Sheriff's interlocutor and findings restored.
Legal Topics
Sale of Goods, Reasonable Price, Consensus in Idem, Contract Formation
Commercial Law Contract Law Sale of Goods Reasonable Price Consensus in Idem Contract Formation

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Parties

Glynwed Distribution Ltd

Pursuer

S. Koronka & Co

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal to Court of Session (inner House)

Legal Issues

  1. 1 Whether there was consensus in idem as to the subject matter of the contract
  2. 2 Whether there was sufficient evidence to fix a reasonable price under section 8(2) of the Sale of Goods Act 1893

Ratio Decidendi

There was consensus in idem as to the subject matter (hot rolled steel) and the defenders accepted delivery; in the absence of agreement on price, the court must fix a reasonable price under section 8(2) of the Sale of Goods Act 1893, considering fairness to both parties and the circumstances, including market conditions and the nature of the goods delivered.

Court Disposition

Appeal sustained; interlocutor of Sheriff Principal recalled; Sheriff's interlocutor and findings restored.

Orders

  • Sheriff Principal's interlocutor of 15 April 1975 recalled
  • Sheriff's interlocutor of 20 February 1975 restored