Fraser's Trustees v. Robert Maule & Son [1904] ScotLR 41_623 (17 June 1904)

Notice to terminate the lease must be given six calendar months before 15th May 1904, not 28th May; 'month' means calendar month, not lunar month; respondent's notice was not timeous.

Citation: [1904] ScotLR 41_623
Parties: Applicant: Fraser's Trustees; Respondent: Robert Maule & Son
Jurisdiction: Scotland
Judgment Date: 17 June 1904
Procedural Posture: Special Case / Final Judgment
Outcome: question answered in the negative; notice not timeous
Legal Topics: Lease Termination, Notice Period, Interpretation of Statutory Terms

Property Law Contract Law Lease Termination Notice Period Interpretation of Statutory Terms

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Parties

Fraser's Trustees

Applicant

Robert Maule & Son

Respondent

Procedural Posture

Special Case / Final Judgment

Legal Issues

1 Was notice to terminate the lease at Whitsunday 1904 timeously given by Robert Maule & Son to Fraser's Trustees?
2 Does 'Whitsunday' in the lease mean 15th May or 28th May 1904?
3 Does 'month' in the lease mean calendar month or lunar month?

Ratio Decidendi

Notice to terminate the lease must be given six calendar months before 15th May 1904, not 28th May; 'month' means calendar month, not lunar month; respondent's notice was not timeous.

Court Disposition

question answered in the negative; notice not timeous

Orders

Robert Maule & Son bound by the lease for the remainder of the eight and a-half years