Kirkcaldy and District Railway Co. v. Caledonian Railway Co. [1901] UKHL 579 (10 May 1901)

Kirkcaldy and District Railway Co. v. Caledonian Railway Co. [1901] UKHL 579 (10 May 1901)

The express terms of the agreement require the Caledonian Railway Company to contribute to the expenses as specified; the obligation is not merely one of relief, and the construction of the agreement is clear and unambiguous.

Citation
[1901] UKHL 579
Parties
Pursuer/respondent: Kirkcaldy and District Railway Company; Defender/appellant: Caledonian Railway Company
Jurisdiction
United Kingdom
Judgment Date
10 May 1901
Procedural Posture
Contract Dispute / Appeal to House of Lords
Outcome
appeal dismissed
Legal Topics
Construction of Contract, Agreement to Contribute to Expenses, Relief or Primary Obligation
Contract Law Construction of Contract Agreement to Contribute to Expenses Relief or Primary Obligation

Case Brief

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Parties

Kirkcaldy and District Railway Company

Pursuer/respondent

Caledonian Railway Company

Defender/appellant

Procedural Posture

Contract Dispute / Appeal to House of Lords

Legal Issues

  1. 1 Whether the Caledonian Railway Company is liable under the agreement to contribute to expenses for promoting the railway bill
  2. 2 Whether the obligation is one of relief only or a primary obligation

Ratio Decidendi

The express terms of the agreement require the Caledonian Railway Company to contribute to the expenses as specified; the obligation is not merely one of relief, and the construction of the agreement is clear and unambiguous.

Court Disposition

appeal dismissed

Orders

  • interlocutors appealed from affirmed
  • appellants to pay costs