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1770
Warrandice

Petitioner Robert Reid, a baker in Glasgow, leased from defender George Rowand the first floor of a house in Glasgow for a term of 19 years. Reid planned to operate his bakery in this space. Rowan expressly warranted to Reid that he could erect and use an oven in the space. The tack contained a clause of warrandice to this effect. James Corbet, who lived above Reid, complained to the Dean of the Guild about the oven. Corbet feared that the oven and accompanying vents would breed vermin and hurt the value of his property. The Dean of the Guild ordered Rowan to remove the oven, and Rowan complied. Reid then sought damages, compensation, or rescission of the lease because the very purpose for the lease -- operating a bakery -- was now void.

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  • Reid v. Rowand — Petition, 5 Jul 1770
    July 5, 1770 Petition of Robert Reid asking the Court to alter its interlocutor denying damages for the destruction of an oven warranted by his lease from George Rowand

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