M'Cowan v. Roddan

Subject_1 Landlord and Tenant Subject_2 Lease Subject_3 Arbitration Clause Subject_4 Construction. Facts: An agricultural lease provided, “There shall be no claim by the tenant for damages done by the rabbits on the farm in any one year unless the actual damage to his white and green crops exceeds ten pounds, but when it does exceed this sum, then the question of damage shall be referred to arbitration as after specified.”

In an action by the tenant against the landlord for damage to his crop from rabbits, held ( diss . Lord Rutherfurd Clark) (1) that this clause did not confine arbitration to damage done to white and green crop, and (2) that the tenant was entitled to the full amount awarded by the arbiter without a deduction of £10.

By lease dated 24th and 25th February 1875 Peter Smith, of Newtonairds, Dumfriesshire, let to John Roddan, farmer, the farm of Steilston. Mr Smith died, and was succeeded by Mrs Agnes Eason or M'Cowan as Page: 985 ↓

In September 1888 Roddan in the Sheriff Court at Dumfries sued Mrs M'Cowan and her husband for £71, 13s. as damages for injury done to his crops by rabbits.

Upon 17th October 1888 the Sheriff-Substitute ( Hope ) found in law “(1) that by the terms of said lease the extent of damage done on the farm falls to be fixed by arbitration; (2) that therefore this action is incompetent; therefore sustains the first plea-in-law for the defenders, dismisses the action, and decerns: Finds the pursuer liable in expenses,” &c.