Lease – Deviation from Mode of Cropping – Penalty. – A tack stipulated that the tenant was at liberty to deviate from the mode of cropping and management laid down in the tack upon his paying andpound;2. per acre more of additional rent to the landlord. He departed from the mode of cropping. Held, in the Court of Session, that he was liable to pay the andpound;2. of additional rent. Reversed in the House of Lords, and case remitted to ascertain and determine specially what was the number of acres the tenant became bound to cultivate in the manner specified in the tack, and what was the number of acres cultivated contrary to the conditions thereof.
Citations:
[1789] UKHL 3 – Paton – 119
Links:
Jurisdiction:
Scotland
Landlord and Tenant, Agriculture
Updated: 23 March 2022; Ref: scu.580994
