Waddell and Others (Trustees for the General Property Investment Co., Ltd) v. Campbell

Subject_1 Superior and Vassal Subject_2 Feu-Contract Subject_3 Condition in Feu-Contract Subject_4 Interest of Superior. Facts: A Feu-contract provided that the vassal should be obliged to build tenements of a certain kind on the land feued, and that such tenements should be covered with blue Scotch slates.

In a note of suspension and interdict presented by the superior to have the vassal interdicted from covering the tenements with slates of another kind, the vassal averred that the slates he was using were better in quality and dearer in price than blue Scotch slates, and pleaded that the superior had no interest to insist in the interdict.

Held ( aff . judgment of Lord Pearson) that the superior was entitled to enforce the condition as to slates in the feu-contract.

On 28th April 1897 George Waddell and others, trustees for the General Property Investment Company, Limited, presented a note of suspension and interdict against James Campbell, builder, Edinburgh, to have him interdicted from covering the tenements in course of erection by him on a certain plot of ground with slates other than blue Scotch slates.

The respondent admitted that the feu-charter contained the alleged condition with regard to slates, and in answer to Stat. 4 explained “that prior to the raising of the present note the respondent had covered the roofs of the buildings in question with slates of a bright green colour, obtained from the quarries of Westmoreland. The complainers knew that the respondent had contracted for the slating of Page: 352 ↓