Howson v. Lewis

The appeal was dismissed because the Court accepted that material misrepresentation induced the purchase, making rescission appropriate; accordingly the agreement of sale was rescinded, the lien note set aside and the plaintiffs awarded restitution of $1,531 with interest.

Citation: [1929] SCR 174
Parties: Defendant/appellant: Herman D Howson; Plaintiff/respondent: Herbert Lewis; Plaintiff/respondent: Geoffrey R. Lewis
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 26 October 1928
Procedural Posture: Appeal Concerning Sale of Land, Misrepresentation and Rescission / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan
Outcome: Appeal dismissed with costs; Court of Appeal order affirmed
Legal Topics: Misrepresentation, Rescission, Sale of Land, Lien Note
Source Language: English

Property Contract Equity Misrepresentation Rescission Sale of Land Lien Note

Case Brief

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Herman D Howson

Defendant/appellant

Herbert Lewis

Plaintiff/respondent

Geoffrey R. Lewis

Plaintiff/respondent

Procedural Posture

Appeal Concerning Sale of Land, Misrepresentation and Rescission / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan

Legal Issues

1 Whether the agreement of sale was induced by material misrepresentation
2 Whether rescission of the sale is the appropriate remedy
3 Whether the lien note given by the plaintiffs should be set aside and cancelled

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; Court of Appeal order affirmed

Orders

Agreement of sale of lands and chattels rescinded
Lien note made by the plaintiffs to the defendant set aside, rescinded and cancelled