Scottish Supply Association, Ltd v. Mackie [1921] ScotLR 573_1 (09 July 1921)

Scottish Supply Association, Ltd v. Mackie [1921] ScotLR 573_1 (09 July 1921)

The pursuers' own averments established that they did not hold a current lease or title to the premises at the time of the action, while the defender held a valid lease from Whitsunday 1920. As the defender's possession was supported by a prima facie valid title, summary ejection was not competent, and the action was dismissed.

Citation
[1921] ScotLR 573_1
Parties
Pursuer: Scottish Supply Association, Limited; Defender: John Mackie
Jurisdiction
Scotland
Judgment Date
09 July 1921
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal refused; action dismissed
Legal Topics
Summary Ejection, Competency of Action, Title to Sue, Assignation of Lease, Remedies for Breach of Contract
Property Law Contract Law Landlord and Tenant Law Employment Law Summary Ejection Competency of Action Title to Sue Assignation of Lease +1 more

Case Brief

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Parties

Scottish Supply Association, Limited

Pursuer

John Mackie

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the pursuers had title to sue for summary ejection of the defender from the premises at 16 Gloucester Street, Glasgow
  2. 2 Whether the agreement between the parties constituted an assignation of the lease to the pursuers
  3. 3 Whether the defender's possession was supported by a valid title precluding summary ejection

Ratio Decidendi

The pursuers' own averments established that they did not hold a current lease or title to the premises at the time of the action, while the defender held a valid lease from Whitsunday 1920. As the defender's possession was supported by a prima facie valid title, summary ejection was not competent, and the action was dismissed.

Court Disposition

appeal refused; action dismissed

Orders

  • The appeal by the pursuers is refused.
  • The action of summary ejection is dismissed.