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Chalmers v Wilson. [1769] Mor 16060 (16 February 1769)
URL: http://www.bailii.org/scot/cases/ScotCS/1769/Mor3616060-111.html Cite as:
[1769] Mor 16060
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Among sundry articles of deduction pleaded by the tacksman of a mill, one was, that the proprietor having bought up many of the tacks upon the estate, kept great part of it in grass, which was in tillage when, the mill was let, whereby, there was a short-coming of the multures, in contemplation of which he had agreed to pay the rent.
Answered: The profits of a mill being casual, the tenant is understood to run his risk of a diminution, upon account of the chance of increase; and it has been decided, that the proprietor of a mill does not incur the warrandice of the tack, in consequence of the tenants throwing their grounds into grass; July, 1731, M'Fadzen contra Earl of Cassills, No. 73. p. 16016.
“The Lords repelled the claim of deduction.”
Act. Rolland.Alt. Blair.
Fac. Coll. No. 87. p. 338.
