O'Donohoe v. Stammers

O'Donohoe v. Stammers

The conditions of sale signed by the purchaser together with the vendor's subsequent correspondence and draft deed, in which the vendor acknowledged the transaction and insisted on performance, constituted a sufficient written memorandum under the Statute of Frauds to bind the vendor; accordingly specific performance was enforceable.

Citation
(1884) 11 SCR 358
Parties
Appellant Vendor: John O'Donohoe; Respondent Purchaser: Samuel James Stammers
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 June 1884
Procedural Posture
Appeal: Specific Performance of Contract for Sale of Land / Decision on Appeal to the Supreme Court of Canada Affirming Lower Courts' Decree
Outcome
Appeal dismissed with costs; decree for specific performance affirmed.
Legal Topics
Specific Performance, Statute of Frauds, Sufficiency of Written Memorandum, Identification of Writings by Correspondence, Vendor Admissions, Compensation for Misrepresentation (fencing/clearing)
Source Language
English
Contract Law Property Law Equity Evidence (parol Evidence) Auction Law Specific Performance Statute of Frauds Sufficiency of Written Memorandum +3 more

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Parties

John O'Donohoe

Appellant Vendor

Samuel James Stammers

Respondent Purchaser

Procedural Posture

Appeal: Specific Performance of Contract for Sale of Land / Decision on Appeal to the Supreme Court of Canada Affirming Lower Courts' Decree

Legal Issues

  1. 1 Whether there was a contract in writing binding the vendor under the Statute of Frauds despite the vendor's name not appearing on the signed auction contract
  2. 2 Whether subsequent correspondence and transmission of a draft deed by the vendor supplied the necessary written memorandum
  3. 3 Whether purchaser was entitled to specific performance and compensation for misrepresentations regarding clearing and fencing

Ratio Decidendi

The conditions of sale signed by the purchaser together with the vendor's subsequent correspondence and draft deed, in which the vendor acknowledged the transaction and insisted on performance, constituted a sufficient written memorandum under the Statute of Frauds to bind the vendor; accordingly specific performance was enforceable.

Court Disposition

Appeal dismissed with costs; decree for specific performance affirmed.

Orders

  • Decree of specific performance in favor of respondent affirmed.
  • Vendor ordered to perform sale in accordance with conditions and to procure discharge of the existing mortgage as agreed.