Morrisson v Robertson

Morrisson v Robertson is Scots contract law case establishing the common law principles that govern unilateral error.

Facts

Alexander Telford, pretending to be the son and agent of James Wilson, approached Robert Morrisson to purchase two cows. Morrison sold the cows to Telford on credit, because he knew that Wilson had a good credit. Telford re-sold the cows to Robertson. Morrison subsequently found out that Telford had been a rogue and was not related to Wilson. Morrisson petitioned a Sheriff court to recover the two cows from Robertson.

Judgment

The action was successful. It was held that there had been no contract between Morrisson and Telford. The purported transaction was a complete nullity. Accordingly, Telford had no rights which he could pass on to Robertson, so Morrisson was entitled to recover his cows.