M'Culloch v Laurie

Subject_ Contract—Sale—Clause.— A party who feued three contiguous lots of ground for building in a line of street, and took the feuars bound to carry their fulzie through a lane which he was to provide in back ground retained by him, held bound to make the lane so as to communicate with each of the three steadings, and not with the central steading alone.

There were provisions in the contract requiring houses of four square stories in height, to be erected within a given time, of sufficient value to yield a rent of double the amount of the feu-duties. It was also declared that Laurie “should not be at liberty to erect any houses on the ground belonging to him, on the west of the steadings thereby disponed, of a greater height than twenty feet, within twenty feet of the said steadings, and the said John Christie should be under similar obligations in regard to the back ground of the steadings thereby disponed.”

Laurie built two houses on the lot of ground, Number V., one of which he sold to Andrew M'Culloch, and the other to John Monteith. Laurie formed a lane from Eglinton Street to the centre of the lot Number VI., but he refused to carry that lane upon his ground to the back of the contiguous lots, Numbers V. and VII .

M'Culloch and Monteith raised an action against him, to have it found that he was liable to make a lane upon his own ground of fifteen feet in width, from the point in the centre of the back of lot VI., where the present lane stopped, to each of the other lots, V. and VII. The action also concluded for damages.

The Lord Ordinary “found and declared, * that the defender is bound _________________ Footnote _________________