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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Dowall v. Stewart [1871] ScotLR 9_140 (1 December 1871) URL: http://www.bailii.org/scot/cases/ScotCS/1871/09SLR0140.html Cite as: [1871] ScotLR 9_140, [1871] SLR 9_140 |
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Page: 140↓
Held that a party who had been suscessful in an action in the Court of Session, and found entitled to the expenses of process, was not entitled to recover in another action the extrajudicial expenses incurred in the former suit.
M'Dowall obtained decree in the Court of Session against Stewart for £45, as the price of a horse, with interest from the date of the alleged sale, and expenses. The price, interest, and taxed expenses were paid by Stewart. M'Dowall thereafter raised the present action against Stewart for £25, being damages sustained by the pursuer, and law expenses incurred by him to his law agent, in consequence of Stewart having wilfully failed to implement his bargain by paying the price of the horse at the date agreed on. The expenses sued for were extrajudicial expenses which had been disallowed by the Auditor in the taxation in the Court of Session action. The amount of these extrajudicial expenses had been subsequently, at the request of the pursuer's agent, taxed by the Auditor as between agent and client. The grounds of damage set forth were loss of time and personal expenses. The Sheriff-Substitute ( Rhind) decerned for the amount of the account of expenses, and quoad ultra found no damages due. The Sheriff ( Hector) recalled, and assoilzied the defender.
M'Dowall appealed.
Robertson for him.
J. C. Smith and M'Kechnie in answer.
The Court dismissed the appeal, holding that the extrajudicial expenses could not be recovered, and that the other grounds of damage were not relevant.
Solicitors: Agent for Appellant— W. R. Garson, S.S.C.
Agent for Respondent— William Milne, S.S.C.
