Scottish Court of Session Decisions

This was an advocation from Forfarshire. The pursuer sued for £26, os. 11d., being the balance of his account, amounting to £576, os. 11d., for executing the mason work of a house in Dundee for the defender, including extra work. The Sheriff-Substitute (Ogilvy) made a remit to Mr M'Laren, architect, to report what sum, if any, was due to the pursuer under his contract, the sole point in dispute being one as to actual measurement. This interlocutor was adhered to by the Sheriff (Heriot). The architect reported that there was an overcharge of £6, 19s. 4d., and that the sum due to the pursuer was £19, 1s. 7d., for which sum, with modified expenses, the Sheriff-Substitute decerned against the defender. In the course of making up the record the pursuer had admitted an overcharge to the extent of £6, 13s. 6d. The Sheriff adhered. The expenses were afterwards modified to £35, and to this also the Sheriff adhered.

The defender advocated, and pleaded that the remit to the architect having been opposed by him, was incompetent, or, at all events, that it could not be held as conclusive against him; and, further, that the modification of the expenses was insufficient in the circumstances. The pursuer argued that the remit was competent, and also that the report was conclusive.

The Court unanimously repelled the reasons of advocation, holding that the case was a very proper one for making the remit which was made, but that the report was not necessarily conclusive. They found, however, that the report did ample justice to the defender. Additional expenses were found due.