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Sir Robert Pollock granted a lease of grounds to Paton, which contained an obligation on the tenant to plow only a certain field, and if he should plow more, “You hereby agree to pay me £.100 Scots for each acre, and proportionally for more or less.” The tenant having plowed up more than the allowed quantity, the landlord demanded the £.100 Scots of additional rent for every acre so plowed. The Sheriff found, That, in respect the tack did not bear that the £.100 Scots was of yearly rent, therefore it was to be understood simply as a penalty, and was to be restricted to the real damage sustained by the pursuer, of which he allowed a proof; but the Court in an advocation found, That the £.100 must be understood as of additional yearly rent, and decerned accordingly. See Appendix.
