Crichton Stuart v Ogilvie [1914] ScotCS CSIH_5 (03 July 1914)

Crichton Stuart v Ogilvie [1914] ScotCS CSIH_5 (03 July 1914)

The Agricultural Holdings Act 1908 does not restrict the landlord's contractual right to resume land for any purpose expressly agreed upon in the lease, except letting to another agricultural tenant. The phrase 'other purposes' in section 18(5) is not limited by the ejusdem generis rule, as the specified purposes are not of the same genus, and the statute does not override the bona fide resumption clause in the lease.

Citation
[1914] ScotCS CSIH_5
Parties
Complainer: Crichton Stuart; Respondent: Ogilvie
Jurisdiction
Scotland
Judgment Date
03 July 1914
Procedural Posture
Landlord and Tenant Dispute / Appeal From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of the Lord Ordinary adhered to
Legal Topics
Lease Resumption, Interpretation of Agricultural Holdings Act 1908, Contractual Rights Under Lease, Statutory Modification of Contract
Landlord and Tenant Contract Law Statutory Interpretation Lease Resumption Interpretation of Agricultural Holdings Act 1908 Contractual Rights Under Lease Statutory Modification of Contract

Case Brief

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Parties

Crichton Stuart

Complainer

Ogilvie

Respondent

Procedural Posture

Landlord and Tenant Dispute / Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Agricultural Holdings Act 1908 limits the landlord's contractual right to resume land for purposes other than those expressly stated in the Act
  2. 2 Whether the phrase 'other purposes' in section 18(5) of the Act is limited by the ejusdem generis rule

Ratio Decidendi

The Agricultural Holdings Act 1908 does not restrict the landlord's contractual right to resume land for any purpose expressly agreed upon in the lease, except letting to another agricultural tenant. The phrase 'other purposes' in section 18(5) is not limited by the ejusdem generis rule, as the specified purposes are not of the same genus, and the statute does not override the bona fide resumption clause in the lease.

Court Disposition

appeal dismissed; interlocutor of the Lord Ordinary adhered to

Orders

  • Affirmation of the Lord Ordinary's interlocutor permitting resumption of land by the complainer for the stated purpose