M'Laren's Trustee v. Argylls Ltd

Held (1) that on the construction of the agreement the property in the car did not pass until the price was paid, Page: 68 ↓

George M'Culloch, accountant, 183 West George Street, Glasgow, trustee on the sequestrated estates of Peter M'Intyre M'Laren, clerk, sometime residing at 3 Windsor Terrace, Linthouse, Glasgow, pursuer , brought an action against Argylls Limited, motor car manufacturers, Alexandria, Dumbartonshire, defenders , for delivery of a motor car, or failing delivery for payment of £750, and in any event for payment of £500 as damages for wrongful detention of the car.

The pursuer pleaded, inter alia —“(1) The said motor car having been sold by the defenders to the said Peter M'Intyre M'Laren, and the property therein having passed to him and remained with him at the date of his sequestration, the pursuer as the trustee on his sequestrated estate is entitled to delivery thereof as concluded for.”

The defenders pleaded, inter alia —“(3) The said Peter M'Intyre M'Laren having failed to pay the price of the said car, the defenders were entitled to withhold delivery thereof, and should be assoilzied.”

The action arose out of the following agreement —“(1) The first party [the defenders] agrees to let on hire to the second party [M'Laren], and the second party agrees hire from the first party, one motor car, which is built or is to be built to specification agreed between the parties. (2) For the option of purchase hereinafter contained, the second party agrees to pay to the first party or their authorised representative the sum of £100 (One hundred pounds) on delivery of the said car.