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Subject_1 Lease Subject_2 Construction Subject_3 Damage. Facts: Circumstances in which an outgoing tenant found liable in damages to the incoming tenant for loss through non-implement of an obligation in the lease to roll in grass seeds sown among his waygoing corn crop.
It is not disputed by the defender that he did not roll in the grass seeds; but he maintained that the spring was very windy,—that the rolling of the ground would, owing to its light and sandy nature, have increased the risk of the seeds being blown away, that the pursuers, being aware of this, did not insist on the seeds being rolled in,—that they Page: 60 ↓
It is proved that the proper time for rolling light land where there is risk of the seed being blown away is after the corn crop has brairded, and the defender did not prove that he was prevented by stormy weather from rolling the ground after the corn had brairded. It was also proved that during his own occupation of the farm it was his general practice to roll the ground after the corn and grass seeds were sown.
Counsel for Pursuers— Guthrie Smith and Dean of Faculty . Agents— Macrae & Flett , W.S.
Counsel for Defender— Shand and Nevay . Agent— D. Scott Moncrieff , W.S.
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Common Room
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