Street v. Dobbie [1903] ScotLR 40_701 (12 June 1903)

Street v. Dobbie [1903] ScotLR 40_701 (12 June 1903)

The feu-contract did not expressly require four stone or brick walls; the defender's buildings, with brick back and partition walls and other walls of iron and wood, were consistent with the contract's requirements and local practice. There was no contravention of the feu-contract.

Citation
[1903] ScotLR 40_701
Parties
Pursuer: John Shepherd Street; Defender: James Dobbie
Jurisdiction
Scotland
Judgment Date
12 June 1903
Procedural Posture
Action of Declarator of Irritancy / Inner House Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to; defender assoilzied (absolved) from conclusions of the summons.
Legal Topics
Feu Contract, Superior and Vassal Obligations, Building Stipulations, Irritancy, Construction of Contractual Terms
Property Law Contract Law Real Estate Feu Contract Superior and Vassal Obligations Building Stipulations Irritancy Construction of Contractual Terms

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Parties

John Shepherd Street

Pursuer

James Dobbie

Defender

Procedural Posture

Action of Declarator of Irritancy / Inner House Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the defender contravened the feu-contract by not erecting four stone or brick walls for the foundry
  2. 2 Whether the buildings erected satisfied the contractual requirement for 'substantial stone or brick buildings for the purpose of an iron foundry'

Ratio Decidendi

The feu-contract did not expressly require four stone or brick walls; the defender's buildings, with brick back and partition walls and other walls of iron and wood, were consistent with the contract's requirements and local practice. There was no contravention of the feu-contract.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to; defender assoilzied (absolved) from conclusions of the summons.

Orders

  • Repels pleas-in-law for pursuer
  • Sustains third plea-in-law for defender