Graham v. Mill [1904] ScotLR 41_695 (01 July 1904)

Graham v. Mill [1904] ScotLR 41_695 (01 July 1904)

The arbitration intended by the lease was a valuation by skilled persons after personal inspection; since the subjects are no longer extant and arbitration is impossible, the pursuer is restored to his common law right to sue for the value of the waygoing crop and manure.

Citation
[1904] ScotLR 41_695
Parties
Pursuer: John Graham; Defender: John Spottiswoode Mill; Defender: David Mill
Jurisdiction
Scotland
Judgment Date
01 July 1904
Procedural Posture
Civil / Reclaiming Motion Against Dismissal; Interlocutor Recalled and Proof Allowed
Outcome
interlocutor of Lord Ordinary recalled; action reinstated; proof allowed
Legal Topics
Lease Interpretation, Arbitration Clauses, Landlord and Tenant, Quantum Meruit, Valuation of Waygoing Crop and Manure
Contract Law Property Law Lease Interpretation Arbitration Clauses Landlord and Tenant Quantum Meruit Valuation of Waygoing Crop and Manure

Case Brief

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Parties

John Graham

Pursuer

John Spottiswoode Mill

Defender

David Mill

Defender

Procedural Posture

Civil / Reclaiming Motion Against Dismissal; Interlocutor Recalled and Proof Allowed

Legal Issues

  1. 1 Whether the obligation to arbitrate under the lease survives the failure of the formal submission
  2. 2 Whether the pursuer is entitled to sue at common law for the value of the waygoing crop and manure after arbitration becomes impossible

Ratio Decidendi

The arbitration intended by the lease was a valuation by skilled persons after personal inspection; since the subjects are no longer extant and arbitration is impossible, the pursuer is restored to his common law right to sue for the value of the waygoing crop and manure.

Court Disposition

interlocutor of Lord Ordinary recalled; action reinstated; proof allowed

Orders

  • Case remitted to Lord Ordinary to allow parties a proof of their averments