Pither & Leiser v. Manley

Pither & Leiser v. Manley

The plaintiffs were bound by the lot that had been pointed out to and inspected by their agent; the executed and registered conveyance of that lot constituted accord and satisfaction and extinguished the promissory note, despite an erroneous written description.

Citation
(1902) 32 SCR 651
Parties
Plaintiffs/appellants: Pither & Leiser; Defendant/respondent: John A. Manley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 November 1902
Procedural Posture
Contract / Appeal to the Supreme Court of Canada From the Full Court of the Supreme Court of British Columbia
Outcome
Appeal dismissed; judgment of the full court of the Supreme Court of British Columbia affirmed; action dismissed with costs.
Legal Topics
Accord and Satisfaction, Payment by Conveyance, Mistake in Description, Identification of Property, Agency Authority, Promissory Note
Source Language
English
Contract Property Agency Debtor and Creditor Equitable Remedies Accord and Satisfaction Payment by Conveyance Mistake in Description +3 more

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Parties

Pither & Leiser

Plaintiffs/appellants

John A. Manley

Defendant/respondent

Procedural Posture

Contract / Appeal to the Supreme Court of Canada From the Full Court of the Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the conveyance of the lot pointed out to the plaintiffs' agent constituted accord and satisfaction of the promissory note
  2. 2 Whether a mistake in the written description of the lot vitiated the acceptance of the lot actually inspected
  3. 3 Whether the agent's inspection and the solicitor's subsequent conveyance bound the principals

Ratio Decidendi

The plaintiffs were bound by the lot that had been pointed out to and inspected by their agent; the executed and registered conveyance of that lot constituted accord and satisfaction and extinguished the promissory note, despite an erroneous written description.

Court Disposition

Appeal dismissed; judgment of the full court of the Supreme Court of British Columbia affirmed; action dismissed with costs.

Orders

  • Appeal dismissed with costs
  • Plaintiffs' action dismissed