Jackson's Trustee v. William Dixon, Ltd [1901] ScotLR 38_587 (16 May 1901)

Jackson's Trustee v. William Dixon, Ltd [1901] ScotLR 38_587 (16 May 1901)

The pursuers' averments are relevant; tenants' obligation to work minerals fairly and properly persists regardless of mode chosen; the manner of execution, not the mode itself, is at issue; factual inquiry is necessary to determine breach and acquiescence.

Citation
[1901] ScotLR 38_587
Parties
Pursuer: Arthur Jackson, Trustee of the late John Jackson; Defender: William Dixon, Limited; Defender: Testamentary Trustees of the late William Dixon
Jurisdiction
Scotland
Judgment Date
16 May 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
Interlocutor of Lord Ordinary recalled; case remitted for proof.
Legal Topics
Lease Obligations, Mineral Rights, Damages for Breach, Fair and Proper Working, Acquiescence
Property Law Contract Law Mining Law Lease Obligations Mineral Rights Damages for Breach Fair and Proper Working Acquiescence

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Parties

Arthur Jackson, Trustee of the late John Jackson

Pursuer

William Dixon, Limited

Defender

Testamentary Trustees of the late William Dixon

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether tenants breached obligation to 'fairly and properly' work minerals under lease
  2. 2 Whether pursuers' averments are relevant to entitle proof
  3. 3 Effect of landlord's acquiescence or inspection rights on claim for damages

Ratio Decidendi

The pursuers' averments are relevant; tenants' obligation to work minerals fairly and properly persists regardless of mode chosen; the manner of execution, not the mode itself, is at issue; factual inquiry is necessary to determine breach and acquiescence.

Court Disposition

Interlocutor of Lord Ordinary recalled; case remitted for proof.

Orders

  • Recall of dismissal
  • Remit to Lord Ordinary to allow inquiry (proof)