Hansen v. Franz

Hansen v. Franz

Where the quantity of land proved substantially less than stated through an innocent mutual mistake, and there was no warranty or covenant in the transfer or evidence of a contractual warranty, the purchaser has no remedy after completion; the descriptive phrase 'containing 271 acres' or '271 acres more or less' does not amount to a warranty and the agreement to give a warranty deed did not alter that result under the Alberta Land Titles regime. Appeal allowed and Appellate Division judgment reversed.

Citation
(1918) 57 SCR 57
Parties
Appellant (defendant): P. C. Hansen; Appellant (defendant): Lillie M. Hansen; Respondent (plaintiff): Henry Franz
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1918
Procedural Posture
Sale of Land / On Appeal to Supreme Court of Canada From Appellate Division of Supreme Court of Alberta
Outcome
Appeal allowed; judgment of the Appellate Division reversed; judgment of trial court restored.
Legal Topics
Mistake, Warranty as to Quantity, Specific Performance, Torrens System / Land Titles, Collateral Warranty
Source Language
English
Property Contract Equity Mistake Warranty as to Quantity Specific Performance Torrens System / Land Titles Collateral Warranty

Case Brief

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Parties

P. C. Hansen

Appellant (defendant)

Lillie M. Hansen

Appellant (defendant)

Henry Franz

Respondent (plaintiff)

Procedural Posture

Sale of Land / On Appeal to Supreme Court of Canada From Appellate Division of Supreme Court of Alberta

Legal Issues

  1. 1 Whether purchaser has remedy where quantity of land proved much less than described due to innocent mistake
  2. 2 Whether description 'containing 271 acres' or '271 acres more or less' constitutes a warranty as to quantity
  3. 3 Whether an undertaking in the agreement to give a warranty deed affects purchaser's remedy under the Alberta Land Titles system

Ratio Decidendi

Where the quantity of land proved substantially less than stated through an innocent mutual mistake, and there was no warranty or covenant in the transfer or evidence of a contractual warranty, the purchaser has no remedy after completion; the descriptive phrase 'containing 271 acres' or '271 acres more or less' does not amount to a warranty and the agreement to give a warranty deed did not alter that result under the Alberta Land Titles regime. Appeal allowed and Appellate Division judgment reversed.

Court Disposition

Appeal allowed; judgment of the Appellate Division reversed; judgment of trial court restored.

Orders

  • Appeal allowed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta reversed