Scottish Court of Session Decisions

Subject_Compensation—Expenses.—
Facts:

Special case, involving a question of compensation arising out of a minute of compromise of an action of damages at the instance of John Phillips, writer and distiller in Crieff, against Alexander Leiteh, writer there, and two other persons. The minute stipulated that a sura of £50, in name of damages, should be paid to Phillips, and that he should be entitled to his expenses up to a certain date, and be liable in expenses subsequently thereto. It specially stipulated that these expenses should be set off against each other. After doing so, a balance of £35 remained due to Phillips, and his assignee, John Court, S.S.C., maintained that under the special terms of the minute, the sum of £50 was to be paid instantly and absolutely to Phillips, and consequently to his assignee, without suffering deduction of the £35. He raised an action against Alexander Leiteh to enforce this claim; but the Court, though they considered the minute to be awkwardly expressed, held that the sum of £35 should be deducted from the £50, and that only the balance was due to Phillips or his assignee.