Ramsay v. Howison [1908] ScotLR 539 (05 March 1908)

Ramsay v. Howison [1908] ScotLR 539 (05 March 1908)

The tenant was not barred by delay or waiver from claiming damages for the landlord's failure to perform the muirburn obligation, as the damage was cumulative and only became apparent after several years. The written lease, though executed in 1902, was to be treated as effective from 1895 for the purpose of the landlord's obligation. The tenant was entitled to £100 in damages for the years 1904 and 1905.

Citation
[1908] ScotLR 539
Parties
Landlord/respondent: Sir James Ramsay, Bart. of Banff; Tenant/appellant: John Howison, farmer, Fingask, Errol
Jurisdiction
Scotland
Judgment Date
05 March 1908
Procedural Posture
Conjoined Actions (landlord's Action for Rent; Tenant's Counterclaim for Damages) / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
Appeal sustained; interlocutor of Sheriff recalled; interlocutor of Sheriff-Substitute affirmed; damages awarded to tenant.
Legal Topics
Lease Obligations, Damages for Breach of Lease, Bar by Delay (mora), Waiver of Claim, Retrospective Effect of Written Lease, Muirburn (heather Burning)
Landlord and Tenant Contract Law Lease Obligations Damages for Breach of Lease Bar by Delay (mora) Waiver of Claim Retrospective Effect of Written Lease Muirburn (heather Burning)

Case Brief

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Parties

Sir James Ramsay, Bart. of Banff

Landlord/respondent

John Howison, farmer, Fingask, Errol

Tenant/appellant

Procedural Posture

Conjoined Actions (landlord's Action for Rent; Tenant's Counterclaim for Damages) / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the tenant is barred by delay or waiver from claiming damages for landlord's failure to perform muirburn (heather-burning) obligations under the lease
  2. 2 Whether the written lease executed in 1902 has retrospective effect from the date of entry in 1895 for the purposes of landlord's obligations
  3. 3 Whether cumulative damage from failure to burn heather entitles the tenant to wait until damage is apparent before claiming

Ratio Decidendi

The tenant was not barred by delay or waiver from claiming damages for the landlord's failure to perform the muirburn obligation, as the damage was cumulative and only became apparent after several years. The written lease, though executed in 1902, was to be treated as effective from 1895 for the purpose of the landlord's obligation. The tenant was entitled to £100 in damages for the years 1904 and 1905.

Court Disposition

Appeal sustained; interlocutor of Sheriff recalled; interlocutor of Sheriff-Substitute affirmed; damages awarded to tenant.

Orders

  • Tenant awarded £100 in damages for insufficient heather-burning for years 1904 and 1905.
  • Findings of Sheriff-Substitute repeated and affirmed.