Stipulations in the testing clause of a deed are ineffectual to contradict or modify the agreement executed by the parties in the previous part of the deed.
Smith v. Chambers’ Trustees, 5 R. 97, approved; Johnstone v. Coldstream, 5 D. 1297, and Dunlop v. Greenlees’ Trustees, 2 Macph. 1, 3 Macph. (H. of L.) 46, distinguished.
In an action of damages against a firm of law agents on the ground of negligence and want of professional skill, the pursuer founded upon the alleged failure of the defenders to read the testing clause of a deed, or to advise that such a stipulation contained in it was effectual.
Held (in conformity with the above rule, and restoring the judgment of the Lord Ordinary) that the action was irrelevant.
Judges:
Lord Chancellor (Halsbury), Lord Watson, Lord Herschell, Lord Shand, and Lord Davey
Citations:
[1896] UKHL 539, 33 SLR 539
Links:
Jurisdiction:
Scotland
Contract
Updated: 27 April 2022; Ref: scu.634014