Informal execution. - Term of entry. - Sentence-money.
Brown v. Maxwells
Date: 20 July 1633 Case No. No 28.
Where access to a house or chamber, set in tack, is requited ten days after the agreed term of entry, but not given for 20 days, so that the tacksman comes to be obliged to take another lodging, he is free from the tack, and cannot be obliged to pay the rent, tho' it be proved, that by the custom of the place, entry to the possession of such lodgings is not commonly given sooner than 20 days after the term.
Click here to view a pdf copy of this documet : PDF Copy
Mr Robert Brown charges Mr William and Patrick Maxwells, for payment of the mail of a chamber set to them, conform to a contract made betwixt them; who suspending that they cannot pay the duty, as that contract obliges them; because by that contract the charger is obliged to enter them precisely at Whitsunday to that chamber; and it is true, that ten days after Whitsunday, by instruments they required him to enter them thereto, which was not done, but the possession still retained by him, who possest it about 20 days thereafter; so that it being a month after the term ere the house was made void, they were forced to take another chamber; being in the time when the King was in Scotland, where they had a necessity of a chamber to ease their friends who came home with him; and therefore they ought to be free of this tack. And the pursuer opponing the contract, and that it is not the custom of the town, to remove so precisely at the term; and it is no reason that for so usual delay in removing, this tack should be made void, and he so heavily prejudge;—the Lords nevertheless sustained the reason, and suspended charges upon the contract against them simpliciter.
Act. Hart.Alt. ——.Clerk, Hay.
Fol. Dic. v. 1. p. 204. Durie, p. 687.
