G. obtained a lease for 21 years of the freestone and all minerals and substances whatsoever under C.’s lands. No rent was to be paid the first year, and there was a break at the end of the third, seventh, and fourteenth years. G. spent four years in trying experiments, and found he could not get sufficient freestone to work the lease at a profit.
Held (affirming judgment), That he was not entitled to reduce the lease on the ground of sterility, as the risk of quantity is with the lessee.
Semble, The rule as to sterility does not apply to a mineral lease.
[1873] UKHL 2 – Paterson – 202
Bailii
Scotland
Updated: 11 August 2021; Ref: scu.652905