Scottish Court of Session Decisions

Mr Robert Steuart of Carfin raised an action in 1858 against the Mossend Iron Company for the purpose of having it declared that a certain writing, subscribed by him and them in 1857, formed an effectual contract of lease betwixt them of minerals in the lands of Carfin, and also for implement and damages. The matter as to which parties were at issue was to what was the precise boundary of the mineral field leased, the iron company averring that when they signed the writing they were under essential error as to the boundary. In 1864, Mr Steuart lodged issues which he proposed for the trial of the case, but the Court, at the discussion of them, intimated that in order to maintain their allegations of essential error, it would be necessary for the iron company to raise a reduction of the lease on that ground. This action was accordingly raised. Mr Steuart pleaded as a preliminary defence that the action was incompetent, in respect the parties had in the other action renounced probation on the question whether a binding lease had been entered into. Lord Ormidale reported the case at this stage, and to-day the Court, after hearing Mr Archibald Broun, repelled the preliminary defences, and remitted to the Lord Ordinary to proceed with the case.