Stewart v. Marquis of Breadalbane [1904] UKHL 373 (03 March 1904)

Stewart v. Marquis of Breadalbane [1904] UKHL 373 (03 March 1904)

The phrase 'at my awaygoing' in the lease refers only to the natural expiry of the lease by effluxion of time, not to termination by irritancy for non-payment of rent. Therefore, the landlord is not obliged to take over the sheep stock when the lease is terminated for the tenant's default.

Citation
[1904] UKHL 373
Parties
Pursuer (respondent): Stewart; Defender (appellant): Marquis of Breadalbane
Jurisdiction
United Kingdom
Judgment Date
03 March 1904
Procedural Posture
Appeal / Judgment on Appeal From Second Division, Court of Session
Outcome
Appeal allowed; judgment of the Second Division reversed.
Legal Topics
Lease Termination, Conventional Irritancy, Obligation to Purchase Stock, Interpretation of Lease Terms
Land Law Contract Law Lease Termination Conventional Irritancy Obligation to Purchase Stock Interpretation of Lease Terms

Case Brief

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Parties

Stewart

Pursuer (respondent)

Marquis of Breadalbane

Defender (appellant)

Procedural Posture

Appeal / Judgment on Appeal From Second Division, Court of Session

Legal Issues

  1. 1 Whether the landlord is obliged to take over the sheep stock when the lease is terminated by irritancy for non-payment of rent, or only at the natural expiry of the lease

Ratio Decidendi

The phrase 'at my awaygoing' in the lease refers only to the natural expiry of the lease by effluxion of time, not to termination by irritancy for non-payment of rent. Therefore, the landlord is not obliged to take over the sheep stock when the lease is terminated for the tenant's default.

Court Disposition

Appeal allowed; judgment of the Second Division reversed.

Orders

  • Interlocutor appealed from reversed.