M'Duff v. Balfour

In an action by the tenant to compel the proprietor to pay for this manure, held (1) that the obligations laid on the tenant by the lease were ( a ) to consume one year's straw crop before the next was ingathered, and ( b ) to apply all the manure made after June 15th to the green crop of the following year; and therefore (2) that the proprietor was bound to pay for the manure left on the Page: 365 ↓

From 1866 to 1885 James M'Duff was tenant of the farm of Kingsdale on the estate of Balbirnie in Fife under a nineteen years' lease. At the expiry of this period M'Duff obtained a new lease of the farm from the proprietor, John Balfour, for other nineteen years from Martinmas 1885, with an option to either party to terminate the lease at the expiry of five years.

M'Duff took advantage of the break at the end of the first five years, and the lease accordingly came to an end at Martinmas 1890. At that date there was upon the farm 1372 cubic yards of dung, and M'Duff claimed payment of this amount from the landlord, at a price to be fixed by arbiters chosen in accordance with the lease.

The landlord having denied that he was bound to take over so large a quantity of dung, M'Duff raised an action to enforce payment. He averred that the whole of the dung which was left on the farm had been made after 15th June 1890.

The defender pleaded—“(3) The defender is not bound to pay for more manure than would have been made in the ordinary course of prudent management and in accordance with the system of cultivation prescribed by the lease within the period specified in the lease, and the pursuer is bound to leave the remainder free of charge to the defender or the incoming tenant.”