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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anderson v. Earl of Elgin [1881] ScotLR 18_602 (23 June 1881)
URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0602.html
Cite as: [1881] ScotLR 18_602, [1881] SLR 18_602
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SCOTTISH_SLR_Court_of_Session
Page: 602↓
Court of Session Inner House Second Division.
[Sheriff of Fife.
v.
Facts:
The appellant, tenant of certain brewery buildings, the property of the Earl of Elgin, at Bruce-haven, Dunfermline, brought this action in January 1881 to have the Earl ordained to repair the subject of the lease, or failing his doing so, for authority to do so at the Earl's expense. The lease, which was dated in January 1880, between the parties provided that the landlord should make certain specified repairs on the malt barns, the tenant agreeing thereafter to accept the whole subjects as in “sufficient habitable and tenantable condition and repair.” The appellant alleged that the stipulated repairs had never been made, and this the defender denied. The Sheriff-Substitute ( Gillespie) assoilzied the defender. The Sheriff ( Crichton) adhered; and the Court affirmed the decisions of the Sheriffs.
Counsel for Appellant— Rhind— Shaw. Agents — Begg & Murray, Solicitors.
Counsel for Respondent (Defender)— Trayner— Jameson. Agents— Thomson, Dickson, & Shaw, W.S.