PAGE

Sale-continued.

the purchaser the same day, without payment of the price by him. The cow died four days afterwards of inflammation from incomplete parturition. The auctioneers' conditions of sale declared that no defence against an action at their instance for the price could be maintained against them, but only against the consigner on the ground of disconformity to warranty. In an action for the price by the auctioneers against the purchaser, held that the sale took place by the agency of the pursuers, that they had a title to sue, and that the defender's remedy under the warranty was against the consigner only, and decree given for the price. Binnie, Limited v Hind, Sale by auction-Conditions of sule-Arrestment of goods in hands of auctioneer.—A arrested in the hands of B, an auctioneer, certain cattle which had been purchased by C, and which under B's conditions of sale were held by him until the price was paid. C paid the price and removed the cattle. In an action of furthcoming raised by A, the arrester, against B, held that he was entitled to decree of furthcoming against B, or-the cattle being no longer in the arrestee's possession to decree for their value. Hamilton v Binnie, Limited, Pactum illicitum-Market value payable where contract null by statute- Weights and Measures Act, 1878, sec. 29.-The purchaser of milk delivered and consumed refused payment of the price on the ground that the contract was null and void under the Weights and Measures Act, the milk having been measured and delivered in a measure which was unstamped and unverified. Held (following Cuthbertson v Lowes, 8 M. 1073) that, although the Court could not enforce the contract, the seller was entitled to recover the market value of the milk delivered as at the dates of delivery. Smith v Hamilton, Sale of land-Warrandice-Liability of joint disponers warranting for their respective interests.-Where two persons, in right of contiguous portions of land of equal value, joined with each other in disponing to a third person on sale, and granted warrandice for their respective rights and interests, held that the buyer, in an action on the warrandice, was not entitled to recover from one of the granters the whole loss he had suffered from a breach of warrandice, but only the half. Binnie v Provan,

...

See also AGENCY, CONTRACT, RIGHT IN SECURITY, TRADE NAME.

School. See ASSESSMENT.

Sea. See FISHING.

Sequestration. See BANKRUPTCY, DEBTS RECOVERY ACT, LEASE.

Service. See HIRING, MASTER AND SERVANT, POLICE.

Servitude. See PROPERTY.

Sheriff

- In a

Jurisdiction - Heritage - Private road - Interdict ·Possessory question.
process of interdict against the use of a road which the pursuer alleged to be a
private road, but which the defender alleged to be public (the value of the road
not being averred to be under the limit fixed by the Sheriff Courts Act, 1877,
sec. 8 (1)), held that proof could be granted only so far as necessary to a
possessory judgment. Marquis of Breadalbane v M‘Nab,

See also EVIDENCE, EXECUTOR, POLICE.

Ship

...

...

Salvage--Award for securing yacht drifted ashore from moorings.-Circumstances in
which a landsman was awarded £4 for securing a yacht worth £200, left
unattended to, and drifted ashore from her moorings in a breeze. M'Farquhar
v Anderson,
Charter party--Demurrage-Delay by shipowners exceeding customary steamer's
dispatch in unloading.-A ship laden with timber was unloaded for her owners
in dock under a charter party stipulating customary steamer dispatch, but also
a minimum daily amount of discharge which the consignees must receive. By
rapid discharge of the after-holds these holds could and did receive outward
cargo before the timber was wholly discharged, but the dock became blocked

257

277

328

356

51

45

Ship-continued.

and the harbour-master stopped all discharge for a time, because it exceeded the reasonable means of the consignees to handle it, and so the stipulated lay days for discharge were exceeded, though the ship lost no time in being dispatched on her next voyage. Held that the owners, having in unloading exceeded the customary steamer dispatch so as to impede the taking of delivery, could not claim demurrage for the extra time thereby required to complete the unloading. Smith & Co. v Brown & Co., Limited, Freight-Short delivery-Retention of freight-Remeasurement of timber.-Circumstances in which held that both shipowners and consignees having an option of getting the bill of lading measurement of a timber cargo revised by the Customs Fund measurer at the port of discharge, and that option having been exercised, the consignees were entitled to retain stipulated freight in respect of ascertained short delivery. Smith & Co. v Brown & Co., Limited, Collision in dock-Vessel slackly moored and left unattended with steam up-Interference by a dismissed servant.-Two steamers lay in dock in the second tier from the quay, the foremost with taut moorings, the sternmost with slack moorings, some steam in her boilers, and quite unattended. The engineer of the sternmost ship, who had been dismissed for drunkenness, returned to her, still drunk, and started her engines, so that she collided with and injured the other ship. Held that her owners were liable in damages through their negligence in mooring her and in omitting to have her watched, and had failed to establish inevitable accident which might exempt them. MacBrayne, &c. v Smith & Ritchie,

See also HARBOUR. Slander

Privilege-Malice-Proof-Specification of auditor.-At a municipal election meeting a speaker who was a member of Town Council and an elector related an alleged conversation in which he charged one of the candidates with having, while a member of the Council, stopped the passing of plans for a public school because he had not got the contract for a portion of the work. He also charged the candidate with villainy," in so far as on a specified occasion the candidate endeavoured to sell the interests of the city. Held that it was not necessary to name individuals who heard the statement at the meeting, and that the statements were slanderous, and imputed dishonest conduct to the pursuer, both in his private character and as a servant of the city. Circumstances in which held that where the statements were untrue, and their truth or untruth must be known to the utterer, malice was to be inferred, and that the privilege of electors was too slight to protect the defender. Averments with reference to actings of the pursuer held irrelevant. Bisset v Gray,

Specific Implement

Action ad factum præstandum-Form of prayer of petition-Conclusion alternatively
for implement or damages-Form of decree.-In an action in which the prayer
of the petition was as follows:-To ordain the defender to deliver to the
pursuer a transfer signed by him in favour of the pursuer of thirty ordinary
shares of £1 each fully paid, in Sawers, Limited,
numbered 49,421 to
49,450 inclusive, and to interdict him from selling
defender delivering said transfer to the pursuer, to ordain him to pay to
the pursuer the sum of £50 sterling with the legal interest

and failing the

held

that on the defender's failure to implement an order of the Court in terms of the first craving of the prayer the pursuer was not bound to take a money decree under the alternative craving, but could obtain an enforceable order ad factum præstandum under the first craving. Armour v Martin, See also CONTRACT, DELIVERY.

Stamp. See DISCHARGE.
Succession-

Crofter-Permanent improvements.---Where a crofter's heir-at-law (his pupil son) succeeded to his holding and renounced the tenancy thereof, and obtained compensation for permanent improvements, held that he did not take up any part of his father's estate which could have been made available to his father's creditors, that the money he received belonged to him in his own right, and that he was not liable to the extent of such compensation to his father's creditors. Polson v Stewart, &c.,

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228

301

215

225

349

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Superior and Vassal. See PROPERTY.

Title to Sue

Club-Liability of ordinary members for club's debt-Joint and several obligation
-Constitution of illiquid claim.-Law agents, suing for remuneration for services
rendered in conducting an action at the instance of an unincorporated Associ-
ation and certain of its office-bearers authorised to sue on its behalf, called as
defenders the Association and sixteen members, as such members and as
individuals, and sought decree against them jointly and severally. The pursuers
founded on a minute of meeting of the Association when the instructions were
given upon which their employment followed. The minute showed that
members attended and took part in that meeting who were not called as
defenders. Held (following Neilson v Wilson, 1890, 17 R. 608) that the action
must be dismissed, because the alleged joint and several obligation of the
defenders not being constituted by writing or by decree, the pursuers could not
seek to enforce such an obligation against them without calling all the co-
obligants. Clazy & Turner v Crieff Musical Association, &c.,
Husband and wife-Refusal of husband to concur in wife's action for damages-
Defender's claim against husband for expenses.-Held that a husband is not
compelled by law to give his concurrence to any action raised by his wife, nor
is she by his refusal to concur debarred from enforcing any right which she may
have in a Court of law, which may always appoint a curator ad litem. Observed
that the non concurring husband may be held liable for expenses to the defender.
Clark v Simpson, &c.,

...

See also BANKRUPTCY, LEASE, PROPERTY, SALE.

Trade Name

...

Goodwill-Widow's right to trade in husband's name in competition with purchaser
from him of goodwill.-Held that the purchaser of the goodwill of a business
was entitled to protection by interdict against the widow of the seller resuming
and carrying on the business under the name of her deceased husband.
M'Geoch v Gray,
Exclusive use-Interdict-Name wanting in distinction.—Held that the name "Scot-
tish Clothiers' Company" could not be exclusively appropriated by any Scottish
tailor, and therefore could not be protected by interdict against the use of the
name 'Scottish Clothiers," and such interdict refused. Jacobs v Lewis,

Warranty. See SALE.

Waterworks Clauses Act. See PUBLIC HEALTH.

Writ. See CONTRACT, DISCHARGE, LOAN.