Stewart v. Marquis of Breadalbane [1903] ScotLR 40_259 (14 January 1903)

Stewart v. Marquis of Breadalbane [1903] ScotLR 40_259 (14 January 1903)

The landlord remains bound to take over the sheep-stock at valuation as provided in the lease, even though the lease was terminated prematurely by irritancy, because the stipulation regarding obligations at waygoing is not nullified by such termination unless expressly excluded.

Citation
[1903] ScotLR 40_259
Parties
Pursuer: Peter Stewart; Additional Pursuer: Judicial Factor on Stewart's sequestrated estates; Defender: Marquis of Breadalbane
Jurisdiction
Scotland
Judgment Date
14 January 1903
Procedural Posture
Appeal / Inner House, Second Division, Court of Session
Outcome
Appeal sustained; interlocutor of Sheriff-Substitute affirmed; case remitted for further procedure.
Legal Topics
Lease Termination, Conventional Irritancy, Obligations at Waygoing, Valuation of Farm Stock
Property Law Landlord and Tenant Law Lease Termination Conventional Irritancy Obligations at Waygoing Valuation of Farm Stock

Case Brief

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Parties

Peter Stewart

Pursuer

Judicial Factor on Stewart's sequestrated estates

Additional Pursuer

Marquis of Breadalbane

Defender

Procedural Posture

Appeal / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether landlord is obliged to take over sheep-stock at valuation upon premature termination of lease by irritancy
  2. 2 Interpretation of lease stipulations regarding obligations at waygoing

Ratio Decidendi

The landlord remains bound to take over the sheep-stock at valuation as provided in the lease, even though the lease was terminated prematurely by irritancy, because the stipulation regarding obligations at waygoing is not nullified by such termination unless expressly excluded.

Court Disposition

Appeal sustained; interlocutor of Sheriff-Substitute affirmed; case remitted for further procedure.

Orders

  • Sheriff's interlocutor recalled
  • Case remitted to Sheriff for further procedure