Morrison v. R. W. Forsyth, Ltd [1908] ScotLR 273 (15 December 1908)

Morrison v. R. W. Forsyth, Ltd [1908] ScotLR 273 (15 December 1908)

Temporary banners advertising special sales, customary in the trade and not interfering with the structure of the premises, do not constitute a breach of the lease or justify a permanent interdict. Each case must be judged on its own facts, and the use here was reasonable and within the scope of the lease.

Citation
[1908] ScotLR 273
Parties
Pursuer/respondent: Hugh Morrison; Defender/appellant: R. W. Forsyth, Limited
Jurisdiction
Scotland
Judgment Date
15 December 1908
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
appeal sustained; interdict refused
Legal Topics
Lease Interpretation, Use of Leased Premises, Advertising on Premises, Interdict (injunction)
Property Law Landlord and Tenant Lease Interpretation Use of Leased Premises Advertising on Premises Interdict (injunction)

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Parties

Hugh Morrison

Pursuer/respondent

R. W. Forsyth, Limited

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether the tenant's erection of temporary advertising banners on the exterior walls of leased premises is a breach of the lease or otherwise unlawful
  2. 2 Whether the landlord is entitled to a permanent interdict restraining such advertising

Ratio Decidendi

Temporary banners advertising special sales, customary in the trade and not interfering with the structure of the premises, do not constitute a breach of the lease or justify a permanent interdict. Each case must be judged on its own facts, and the use here was reasonable and within the scope of the lease.

Court Disposition

appeal sustained; interdict refused

Orders

  • interlocutor of the Sheriff-Substitute recalled
  • interdict craved by pursuer refused