Gordon v. James Ford & Son [1902] ScotLR 39_706 (05 June 1902)

Gordon v. James Ford & Son [1902] ScotLR 39_706 (05 June 1902)

The Court held that the triennial prescription applies to the pursuer's claims for balances due under tradesmen's accounts and building contracts, as these are ordinary debt claims and not actions of accounting. The existence of contra accounts and the size of the sums do not alter the nature of the claim. Only written contracts can avoid the operation of the prescription, and no sufficient averment of a written contract was made for the disputed accounts.

Citation
[1902] ScotLR 39_706
Parties
Pursuer: Allan Gordon; Defender: James Ford & Son; Defender: John Alexander Ford; Defender: Trustees and executors of deceased James Ford
Jurisdiction
Scotland
Judgment Date
05 June 1902
Procedural Posture
Civil / Appeal From Interlocutor of Lord Ordinary
Outcome
appeal dismissed; interlocutor adhered
Legal Topics
Triennial Prescription, Building Contracts, Accounting, Contra Accounts
Contract Law Commercial Law Civil Procedure Triennial Prescription Building Contracts Accounting Contra Accounts

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Parties

Allan Gordon

Pursuer

James Ford & Son

Defender

John Alexander Ford

Defender

Trustees and executors of deceased James Ford

Defender

Procedural Posture

Civil / Appeal From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Does the triennial prescription under Act 1579, c. 83 apply to claims for balances due under building contracts and tradesmen's accounts?
  2. 2 Is the pursuer's claim an action of accounting or an ordinary debt claim?

Ratio Decidendi

The Court held that the triennial prescription applies to the pursuer's claims for balances due under tradesmen's accounts and building contracts, as these are ordinary debt claims and not actions of accounting. The existence of contra accounts and the size of the sums do not alter the nature of the claim. Only written contracts can avoid the operation of the prescription, and no sufficient averment of a written contract was made for the disputed accounts.

Court Disposition

appeal dismissed; interlocutor adhered

Orders

  • Sustains defenders' plea of triennial prescription for second, third, and fourth claims
  • Allows pursuer to lodge specification of documents for first claim to prove written acceptance