Lavin v. Geffen

Lavin v. Geffen

Majority held that s.24 of The Partnership Ordinance, which treats partnership land as personalty between partners unless a contrary intention appears, meant that an oral agreement between partners to transfer one partner's entire partnership interest (including leasehold interests) was enforceable inter se and not caught by the Statute of Frauds; accordingly the Appellate Division judgment upholding respondent's action was affirmed (Duff J. dissenting).

Citation
(1920) 61 SCR 356
Parties
Defendant; Appellant: Abraham Lavin; Plaintiff; Respondent: Morres Geffen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 November 1920
Procedural Posture
Appeal (contract Partnership) / Final Judgment by Supreme Court of Canada on Appeal From Appellate Division of Supreme Court of Alberta
Outcome
Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Alberta affirmed; Duff J. dissenting
Legal Topics
Sale of Partnership Interest, Statute of Frauds Applicability, Leasehold Interests, Conversion of Partnership Land to Personalty, Oral Agreement Enforceability
Source Language
English
Contract Partnership Property Law Equity Statute of Frauds Sale of Partnership Interest Statute of Frauds Applicability Leasehold Interests +2 more

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Parties

Abraham Lavin

Defendant; Appellant

Morres Geffen

Plaintiff; Respondent

Procedural Posture

Appeal (contract Partnership) / Final Judgment by Supreme Court of Canada on Appeal From Appellate Division of Supreme Court of Alberta

Legal Issues

  1. 1 Whether an oral agreement between partners to buy out one partner's interest including leasehold interest is enforceable
  2. 2 Whether a partner's interest in partnership land/lease is an interest in land within the meaning of s.4 of the Statute of Frauds
  3. 3 Whether s.24 of The Partnership Ordinance, declaring partnership land to be treated as personalty between partners, excludes application of the Statute of Frauds

Ratio Decidendi

Majority held that s.24 of The Partnership Ordinance, which treats partnership land as personalty between partners unless a contrary intention appears, meant that an oral agreement between partners to transfer one partner's entire partnership interest (including leasehold interests) was enforceable inter se and not caught by the Statute of Frauds; accordingly the Appellate Division judgment upholding respondent's action was affirmed (Duff J. dissenting).

Court Disposition

Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Alberta affirmed; Duff J. dissenting

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division affirmed