BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Sir Robert Pollock v Paton. [1777] Mor 15262 (24 July 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Mor3515262-144.html Cite as:
[1777] Mor 15262
Click here to view a pdf copy of this documet : PDF Copy
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.
