Butter v. Foster [1912] ScotLR 940 (12 July 1912)

Butter v. Foster [1912] ScotLR 940 (12 July 1912)

The rent conventionally payable at Martinmas 1911 was legally due at Martinmas 1910 and referred to the period before the purchaser's entry; thus, it was not carried to the purchaser by the assignation of rents. The shooting rent, being a lump sum for house and shootings, was to be apportioned de die in diem, entitling the purchaser to the proportion for the period after his entry.

Citation
[1912] ScotLR 940
Parties
First Party (seller): Archibald Edward Butter; Second Party (purchaser): Frederick Charles Foster
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case
Outcome
The Court found the rent of Old Faskally farm payable at Martinmas 1911 belonged to the seller; the purchaser was entitled to a proportion of the shooting rent for the period after his entry.
Legal Topics
Sale of Heritage, Assignation of Rents, Apportionment of Rent, Interpretation of Disposition, Legal Vs Conventional Terms
Property Law Contract Law Sale of Heritage Assignation of Rents Apportionment of Rent Interpretation of Disposition Legal Vs Conventional Terms

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Parties

Archibald Edward Butter

First Party (seller)

Frederick Charles Foster

Second Party (purchaser)

Procedural Posture

Special Case (court of Session, Inner House, First Division) / Judgment on Stated Case

Legal Issues

  1. 1 Whether the seller or purchaser is entitled to the half-year's rent of Old Faskally farm payable at Martinmas 1911
  2. 2 Whether the purchaser is entitled to a proportion of the half-year's rent of Faskally House and shootings paid on 1st July 1910

Ratio Decidendi

The rent conventionally payable at Martinmas 1911 was legally due at Martinmas 1910 and referred to the period before the purchaser's entry; thus, it was not carried to the purchaser by the assignation of rents. The shooting rent, being a lump sum for house and shootings, was to be apportioned de die in diem, entitling the purchaser to the proportion for the period after his entry.

Court Disposition

The Court found the rent of Old Faskally farm payable at Martinmas 1911 belonged to the seller; the purchaser was entitled to a proportion of the shooting rent for the period after his entry.

Orders

  • Seller entitled to the half-year's rent of Old Faskally farm payable at Martinmas 1911.
  • Purchaser entitled to a proportion of the half-year's rent of Faskally House and shootings for the period from Martinmas 1910 to 31st December 1910.