In 1868 a burgh appointed a burgh surveyor who was to devote all his services to their business. He received a substantial but not a large salary. He held office till 1906, and during that period he did work not in the contemplation of parties at the time of his appointment, for which he received the outlays, and on three occasions small honoraria. He made no definite claim for special remuneration until 1906, when his claim was repudiated. It was proved he had himself worked in the belief or hope his claim would be recognised, and that the burgh had not treated his claim as one to be summarily and without investigation rejected. After his removal from office in 1906 he brought an action to recover a large sum as special remuneration.
Held that, after the lapse of so long a period and in the circumstances of himself and the defenders, the onus upon him to establish a contract for special remuneration was heavy, and as he had failed to discharge it, the defenders must be assoilzied.
Judges:
Lord Chancellor (Loreburn), Lord Ashbourne, Lord Kinnear, and Lord Shaw
Citations:
47 SLR 354, [1910] UKHL 354
Links:
Jurisdiction:
Scotland
Employment
Updated: 26 March 2022; Ref: scu.619783