Gordon v. Hogg [1912] ScotLR 721 (21 May 1912)

Gordon v. Hogg [1912] ScotLR 721 (21 May 1912)

The obligation to sow grass seeds with the waygoing white crop is inherent in the requirement to farm by five-shift rotation and to observe good husbandry; failure to do so is a breach of the lease, regardless of the absence of an explicit clause.

Citation
[1912] ScotLR 721
Parties
Pursuer: A. D. Forbes Gordon of Langlee and Greenknowe; Defender: Alexander Hogg; Incoming Tenant: James Haliburton; Incoming Tenant: Ralph Haliburton
Jurisdiction
Scotland
Judgment Date
21 May 1912
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed; decree granted as craved for pursuer
Legal Topics
Lease Obligations, Good Husbandry, Crop Rotation, Waygoing Tenant Duties, Custom in Agricultural Leases
Land Law Agricultural Law Contract Law Lease Obligations Good Husbandry Crop Rotation Waygoing Tenant Duties Custom in Agricultural Leases

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Parties

A. D. Forbes Gordon of Langlee and Greenknowe

Pursuer

Alexander Hogg

Defender

James Haliburton

Incoming Tenant

Ralph Haliburton

Incoming Tenant

Procedural Posture

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

Legal Issues

  1. 1 Whether the outgoing tenant under a five-shift rotation lease is obliged to sow grass seeds with the waygoing white crop or permit the landlord/incoming tenant to do so.
  2. 2 Whether such an obligation arises from the lease terms, rules of good husbandry, or local custom.

Ratio Decidendi

The obligation to sow grass seeds with the waygoing white crop is inherent in the requirement to farm by five-shift rotation and to observe good husbandry; failure to do so is a breach of the lease, regardless of the absence of an explicit clause.

Court Disposition

appeal allowed; decree granted as craved for pursuer

Orders

  • Recall the interlocutor of the Sheriff-Substitute dated 15th July 1911.
  • Find in fact in terms of the first six findings in fact in said interlocutor.