Date of Decision: 1766
Abstract: The Pursuer, Walter Goodall, claimed that the Defender, Robert Fleming, owed Goodall money for the work Goodall did in preparing a new edition of Fordun's History of Scotland for publication. Robert Fleming, a printer, was hired by Robert Freebairn in 1744 to publish this new edition, and Freebairn hired Goodall under contract to prepare the book for press. Goodall claimed that although his employment was arranged under contract, he is still owed money for the immense additional labor he put into the project that was not accounted for at the time of the original contract, including correcting the book for press, compiling the introduction, compiling the indexes, and working on the dedication and preface. After the project began, Robert Fleming acquired the right to the publication from Freebairn after imagining from the number of subscriptions that this would be a profitable endeavor. Goodall continued work on the project under the same conditions agreed upon with Freebairn. Goodall brought action against Fleming in the Court of Session to obtain the balance he claimed was due to him from Fleming. Fleming claimed that since Goodall's contract was with Freebairn, Fleming did not owe Goodall the additional balance. Further, Fleming argued that since Goodall carried out the work with significant delays and did not finish until 1759, Fleming lost many subscriptions and no longer owed Goodall the additional balance. Goodall claimed that he was sorry to lay this case before the Court of Session because "it publishes to the World at what a very low Price learned Labour is estimated in Scotland."
Subjects: Contracts and Obligations

Published Report

Not Reported


Walter Goodall
Trustee/Tutor/Representative for Pursuer:
William Good
Robert Fleming

People or Organizations Associated with Case

Advocate for Pursuer:
James Burnett
Advocate for Defender:
Alexander Wight
Named in case documents:
Robert Freebairn