Price v. Ordway / Veilleux v. Ordway

Price v. Ordway / Veilleux v. Ordway

The vendor's written acknowledgements together with the notarial deed settled the parties' rights; there was no sufficient evidence of fraud to set those writings aside, and the concurrent factual findings below should not be disturbed, therefore the plaintiff was entitled to the $37,500 and the appeals were dismissed.

Citation
(1903) 34 SCR 145
Parties
Intervenant; Appellant: William Price; Plaintiff; Respondent: Oscar William Ordway; Defendant; Appellant: Charles Veilleux
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
30 November 1903
Procedural Posture
Contract / Appeal From Superior Court Sitting in Review
Outcome
Appeals dismissed with costs; judgments of the Superior Court and the Court of Review affirmed.
Legal Topics
Deceit, Rescission, Evidence, Appeal of Facts, Agency, Estoppel, Brokers' Commission
Source Language
English
Contract Fraud Equity Deceit Rescission Evidence Appeal of Facts Agency +2 more

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Parties

William Price

Intervenant; Appellant

Oscar William Ordway

Plaintiff; Respondent

Charles Veilleux

Defendant; Appellant

Procedural Posture

Contract / Appeal From Superior Court Sitting in Review

Legal Issues

  1. 1 Whether the vendor was liable to pay $37,500 to the plaintiff under the transaction acknowledgements
  2. 2 Whether the plaintiff and broker conspired to deceive the vendor and whether the sale was fraudulent
  3. 3 Whether the written acknowledgements and notarial deed could be set aside by contradictory oral evidence

Ratio Decidendi

The vendor's written acknowledgements together with the notarial deed settled the parties' rights; there was no sufficient evidence of fraud to set those writings aside, and the concurrent factual findings below should not be disturbed, therefore the plaintiff was entitled to the $37,500 and the appeals were dismissed.

Court Disposition

Appeals dismissed with costs; judgments of the Superior Court and the Court of Review affirmed.

Orders

  • Dismiss appeals of Veilleux and Price with costs
  • Affirm judgment of Superior Court maintaining plaintiff's action and declaring the attachment binding