Jamieson v. Welsh [1900] ScotLR 38_96 (30 November 1900)

Jamieson v. Welsh [1900] ScotLR 38_96 (30 November 1900)

Where a contract of sale covers both heritable subjects and moveable fittings, and the disposition conveys only the heritable subjects without reference to the contract or the moveables, the missives remain effective regarding the moveables. Acceptance of the disposition does not extinguish the purchaser's rights to fittings under the missives, as the disposition is not a habile mode of transferring corporeal moveables.

Citation
[1900] ScotLR 38_96
Parties
Pursuer: James Jamieson; Defender: John Welsh
Jurisdiction
Scotland
Judgment Date
30 November 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor recalled; proof allowed to both parties of their respective averments.
Legal Topics
Sale of Heritable Property, Fixtures and Fittings, Missives of Sale, Disposition, Supersession of Contract by Conveyance
Property Law Contract Law Sale of Heritable Property Fixtures and Fittings Missives of Sale Disposition Supersession of Contract by Conveyance

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Parties

James Jamieson

Pursuer

John Welsh

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the missives of sale regarding 'fittings' are superseded by the subsequent disposition
  2. 2 Whether the purchaser retains rights to moveable fittings not mentioned in the disposition
  3. 3 Whether acceptance of disposition extinguishes rights to corporeal moveables under the contract

Ratio Decidendi

Where a contract of sale covers both heritable subjects and moveable fittings, and the disposition conveys only the heritable subjects without reference to the contract or the moveables, the missives remain effective regarding the moveables. Acceptance of the disposition does not extinguish the purchaser's rights to fittings under the missives, as the disposition is not a habile mode of transferring corporeal moveables.

Court Disposition

Lord Ordinary's interlocutor recalled; proof allowed to both parties of their respective averments.

Orders

  • Recall the interlocutor of 14 July 1900.
  • Allow both parties a proof of their respective averments.