Buchanan v. Riddell [1900] ScotLR 37_394 (31 January 1900)

Buchanan v. Riddell [1900] ScotLR 37_394 (31 January 1900)

Proof of alleged custom was not admissible because the written lease and associated agreements expressly dealt with the terms of payment and valuation, and the absence of a discount clause at lease termination indicated the parties did not contract with reference to such custom. Parole evidence cannot be used to modify or supplement the written contract in these circumstances.

Citation
[1900] ScotLR 37_394
Parties
Pursuer: Angus Buchanan; Defender: Sir Rodney Stuart Riddell
Jurisdiction
Scotland
Judgment Date
31 January 1900
Procedural Posture
Civil / Appeal (reclaiming Note)
Outcome
defender's appeal dismissed; judgment for pursuer affirmed
Legal Topics
Custom in Leases, Discount Entitlement, Parole Evidence Rule, Valuation of Stock
Contract Law Property Law Custom in Leases Discount Entitlement Parole Evidence Rule Valuation of Stock

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Parties

Angus Buchanan

Pursuer

Sir Rodney Stuart Riddell

Defender

Procedural Posture

Civil / Appeal (reclaiming Note)

Legal Issues

  1. 1 Whether proof of local custom entitling discount or credit is admissible to supplement or modify written lease terms
  2. 2 Whether the landlord is entitled to retain a discount on payment for stock at lease termination based on alleged custom

Ratio Decidendi

Proof of alleged custom was not admissible because the written lease and associated agreements expressly dealt with the terms of payment and valuation, and the absence of a discount clause at lease termination indicated the parties did not contract with reference to such custom. Parole evidence cannot be used to modify or supplement the written contract in these circumstances.

Court Disposition

defender's appeal dismissed; judgment for pursuer affirmed

Orders

  • Defences repelled
  • Decree as concluded for pursuer