SUPREME COURT.

Evening Star, Volume VIII, Issue 2405, 16 December 1870, Page 2

SUPREME COURT.

This Day. (Before Mr Justice Chapman.) BEGG V. LOGAN. The was an action to enforce the terms of a lease. The declaration set out that on the 29th of September, 1803, defendant leased to plaintiff for 14years part of section 31, block 15, having a frontage to Pi i-ices street, at a rental of LSI) a year, free of taxes ; that the lease {contained covenants, inter alia, that Begg should build on the ground, that the premises should be fully insured in their joint names; that in tho event of lire they should lie rebuilt by Begg, who was to apply tho whole of the insurance mouey to tho purpose. The declaration went on to state that the premises having been burnt down, Mr Begg was compelled by the Building Regulations to erect them in brick : in consequence of which Logan agreed to reduce the rental L2, and at the expiration of the 14 years’ lease, to either grant a renewal for seven years, or to pay two-thirds of the value of the existing buildings ; and to this proviso was added the words “the same course to be pursued at the end of such renewal or any subsequent renewal.” The joint insurance . was also dispensed with, Logan undertaking to insure the buildings to one-third of their value. The terms of this agreement were to be endorsed on the hack of tho old lease, but it was afterwards arranged that a new lease should ho prcpar-nl, and the agreement incorporated with it. The declaration further stated that by mutual mistake the provision for renewal of the lease until the two thirds valuation was paid, was

omitted, and that although requested to rectify the lease, the defendant had refused to do tro, wherefore the plaintiff prayed that the agreement of April, 1867, might be declared to have only entered into, and the defendant compelled to give effect to, the second one, by allowing of its alteration as agreed to. The case for the defence had not concluded when the Court rose.