Contract – Condition Precedent – When Implement of Condition Prevented by the Fault of the Debtor in the Obligation.
Application (in affirmation of a judgment of the Court of Session) of the doctrine Pro impleta habetur conditio cum per eum stat, qui, si impleta esset, debiturus esset.
In appeals falling within the 40th section of the Judicature Act no remit will be made to the Court of Session to pronounce findings as to matters of fact unless the record has distinctly raised questions relative thereto, and it can be shown from the record that the Court of Session has not exhausted the issue before it, the House of Lords having no concern with the proof led in the Sheriff Court.
Judges:
Lord Chancellor (Selborne), Lords Blackburn and Watson
Citations:
[1881] UKHL 387, 18 SLR 387
Links:
Jurisdiction:
Scotland
Contract
Updated: 29 June 2022; Ref: scu.636790
