Barr v Cochrane: SCS 8 Jun 1878

The purchaser of an estate has no title to insist on the seller fulfilling specific obligations to make repairs which he was bound to execute by his lease to the tenant, the seller having come to an agreement with the tenant by which he was relieved from all such claims in consideration of a sum of money.
The proprietor of an estate bound himself to the tenant in the lease of a farm to put the buildings, and c., on the farm into good condition, the tenants binding themselves to leave them so at the end of the lease. Before doing this, but after the tenants had taken possession, he sold the estate. A claim having been intimated to the purchaser by the tenants, the seller bound himself to the purchaser ‘to execute all repairs, and c., which he was bound to execute by his lease . . and to relieve you as purchaser of all claims at the instance of the tenants.’ The seller thereupon entered into an agreement with the tenants that they should relieve him from all claims competent to them in consideration of a sum of money. Held (aff. Lord Adam, Ordinary diss. Lord Ormidale) that the tenants being the only creditors in the obligation, the purchaser could not insist on the seller doing the work stipulated for.

[1878] SLR 15 – 603


Updated: 24 January 2022; Ref: scu.577388