In a case where a mineral tenant sought to reduce his lease, which contained periodical breaks, on the ground of sterility – held (affirming the judgment of the First Division of the Court of Session) (1) that sterility was not a ground of reduction at common law unless the subject-matter was non-existent; (2) that by the clause of interruption in the lease the parties had themselves provided a remedy.
Lord Chancellor Selborne, Lords Chelmsford, Colonsay, and Cairns
[1873] UKHL 318, 10 SLR 318
Bailii
Scotland
Updated: 20 September 2021; Ref: scu.652904 br>