The pursuers contracted to sell certain machinery to the defenders, but the Government Forage department refused to allow it to be moved, and the pursuers. The buyer had sought and been given re-assurance that the machine would not be so required.
Held: The pursuers’ appeal succeeded. On the machinery being knocked down to the buyer at auction, the property transferred to them. At that time the risk passed to the buyer, and the appropriation came only later: ‘The property in the subject passed at the fall of the hammer. This was so found by the Lord Ordinary and has not since been contested. From that moment the defenders had right to take delivery. Delivery at the moment was stopped by the action of Lieutenant Freeman. But the property was still in the defenders; and is in the defenders now, the sale being unreduced. They are therefore liable to the pursuers for the price.’
Judges:
Viscount Finlay, Lord Dunedin
Citations:
[1920] UKHL 3, 1920 SC (HL) 103, 1920 2 SLT 96
Links:
Statutes:
Jurisdiction:
Scotland
Cited by:
Cited – Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others SC 12-Feb-2014
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 22 July 2022; Ref: scu.279679
