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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Williamson's Executors v Fraser [1837] CS 16_132 (29 November 1837)
URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0132.html
Cite as: [1837] CS 16_132

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SCOTTISH_Court_of_Session_Shaw

Page: 132

016SS0132

Williamson's Executors

v.

Fraser

No. 25.

Court of Session

2d Division

Nov. 29 1837

Williamson's Executors,     Pursuers.— Counsel:
Monro.
A. D. F. Fraser,     Defender.— Counsel:
Sol.-Gen. Rutherfurd.

Subject_Expenses — Jury Trial.— Headnote:

In an action by a tenant against his landlord for ameliorations, laid at £500, a verdict having been obtained for £44, no tender having been previously made,—the Court found the pursuer entitled to his expenses, but “subject to great modification.”


Facts:

In an action by a tenant against a landlord, at the end of a lease, for a sum of ameliorations, an issue was sent to be tried by Jury, the sum being laid at £600, the amount of three years' rental. The pursuers at the trial

restricted their demand to £500, and the Jury returned a verdict finding them entitled to £44. No tender had been made. In the question of expenses, the Court found the pursuers entitled to expenses, but “subject to great modification.”

Solicitors: —Agents.

SS 16 SS 132 1837


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URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0132.html