The pursuers had purchased from the defenders certain goods in bales, and had intimated a claim of damages for the goods being disconform to contract. The claim went to arbitration, and for that purpose the pursuers recovered, with the approval of the defenders, five unopened bales, the defenders intimating that they wished two of these left unopened so that in the event of the claim being sustained they might be available for a claim by them against their sellers. The arbiter having sustained the claim, including in the award the price of the five bales, the pursuers instructed the warehouseman that the two bales were held for the defenders. He accepted this notice. They also informed the defenders that the bales were there at their disposal. Subsequently the pursuers arrested the bales jurisdictionis Fundandae causa, and sued for the amount of the award.
Held that the arrestment was good.
Judges:
Earl Loreburn, Lord Atkinson, Lord Shaw, and Lord Sumner
Citations:
[1916] UKHL 78, 54 SLR 78
Links:
Jurisdiction:
Scotland
Contract
Updated: 13 June 2022; Ref: scu.630696