What is the rent reserved on the demise of a marl pit and brick mine?

Ontario, Canada


The following excerpt is from Trust and Loan Co. of Canada v. Lawrason et al., 1881 CanLII 11 (ON CA):

There is nothing, as it seems to me, in the objection that if the interest or arrears of interest are treated as the rent it is not a fixed or certain rent. It is always capable of being ascertained or reduced to a certainty, which is all that is necessary, and much more readily here than in Daniels v. Gracie, 6 Q.B. 144, where the rent reserved on a demise of a marl pit and brick mine was eight pence per yard for all the marl got out of the pit and one-eighth per thousand for all the bricks made out of the mine.

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