Court of Session Outer House – If A Informs B that he will not deal with him unless he cease to deal with C, and C thereby loses the custom of B, C has no action against A, although he may, in fact, have suffered loss through his interference.
An auctioneer is entitled, on giving due notice, to refuse the bids of any individual or class of persons.
An association of the butchers in a particular locality intimated to the cattle salesmen in a particular market that they would not in future bid at the auction sales in that market unless the salesmen declined to receive bids made by the co-operative stores. In consequence the salesmen inserted a notice in their conditions of group to the effect that they would not accept bids from anyone representing the co-operative stores, and, in pursuance of such notice, refused such bids. The market in question was held on a public wharf, where anyone was entitled to transact business or to act as salesman, but it was for the time being the only place in Scotland licensed for the landing of American and Canadian cattle. The co-operative stores brought an action against the salesmen and against the butchers, concluding against the salesmen for interdict against the insertion of the condition above referred to in their articles of group, and against the butchers for damages for the loss which they alleged they had sustained through the action of these defenders in inducing the salesmen not to sell to them. Held ( per Lord Kincairney) (1) that it was competent to sue both sets of defenders in the same action; but (2) that the action was irrelevant, in respect ( a) that the salesmen were entitled to insert the conditions of sale complained of; and ( b) that the butchers were not liable for damages for inducing the salesmen to do an act in itself lawful by means which they were entitled to adopt.
Judges:
Lord Kincairney
Citations:
[1898] SLR 35 – 645
Links:
Jurisdiction:
Scotland
Scotland
Updated: 17 April 2022; Ref: scu.612161