Andrews v. Calori

Andrews v. Calori

The letters and cable, read together and in context, constituted a sufficient written memorandum under the Statute of Frauds; the solicitors' words about title did not create a new term but sought inspection of vendor's deeds; the intermediary was not the vendor's agent when he received a commission so no fraud vitiated the contract; therefore vendor was bound to specific performance.

Citation
(1907) 38 SCR 588
Parties
Defendant Appellant: Frederick T. Andrews; Plaintiff Respondent: Angelo Calori
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 May 1907
Procedural Posture
Appeal Specific Performance (sale of Land) / On Appeal to the Supreme Court of Canada From Supreme Court of British Columbia
Outcome
Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed.
Legal Topics
Formation of Contract, Statute of Frauds Memorandum, Acceptance and Conditions as to Title, Secret Commission/agent's Payment, Specific Performance Remedy, Authority of Agent
Source Language
English
Contract Law Sale of Land Equity (specific Performance) Agency Fraud Statute of Frauds Formation of Contract Statute of Frauds Memorandum +4 more

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Parties

Frederick T. Andrews

Defendant Appellant

Angelo Calori

Plaintiff Respondent

Procedural Posture

Appeal Specific Performance (sale of Land) / On Appeal to the Supreme Court of Canada From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the correspondence and documents constituted a written memorandum satisfying the Statute of Frauds for sale of land
  2. 2 Whether purchaser's solicitors' phrase 'so soon as proper title is evidenced to our satisfaction' introduced a new condition preventing formation of contract
  3. 3 Whether a prior undisclosed arrangement to pay the intermediary a commission invalidated the contract by way of fraud

Ratio Decidendi

The letters and cable, read together and in context, constituted a sufficient written memorandum under the Statute of Frauds; the solicitors' words about title did not create a new term but sought inspection of vendor's deeds; the intermediary was not the vendor's agent when he received a commission so no fraud vitiated the contract; therefore vendor was bound to specific performance.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed.

Orders

  • Appeal dismissed with costs
  • Decree for specific performance upheld in favour of plaintiff (sale of Hastings Street property to plaintiff for $13,000 net)