Scottish Court of Session Decisions

Subject_1Arbiter
Subject_2Oversman
Subject_3Devolution.
Facts:

In this case the pursuers sued the defender, inter alia for a sum of money as the balance of the alleged price of the white crop on the farm of Newlands, Peeblesshire, taken over by the defender as incoming tenant, and as fixed by the arbiters under a minute of submission between the parties. The defence was that there had been no award by the arbiters, who had differed, and that the reference therefore devolved on the oversman, who had fixed a sum as the price of the crop, which the defender had paid.

After proof the Lord Ordinary ( Lee) found that there had been no devolution on the oversman, the arbiters having only failed to fix the price through a misunderstanding between themselves as to the principle of the valuation; the case was accordingly remitted to them to fix the price. The defender having reclaimed, the Lords recalled the Lord Ordinary's interlocutor, being of opinion on the evidence that there had been difference of opinion and a devolution on the oversman.