Lumbers v. Gold Medal Furniture Manufacturing Co.

Lumbers v. Gold Medal Furniture Manufacturing Co.

A concluded parol agreement for sale, although unenforceable by action under the Statute of Frauds, constituted a "disposition" under the lease proviso and entitled the lessor to give six months' notice; the lessor's representation that he had sold the property was made in good faith and was not fraudulent; there was no eviction or disturbance amounting to breach of the covenant for quiet enjoyment; therefore the appeal is allowed and the action dismissed.

Citation
(1899) 30 SCR 55
Parties
Defendant Appellant: James Lumbers; Plaintiff Respondent: The Gold Medal Furniture Manufacturing Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 October 1899
Procedural Posture
Lease; Action for Breach of Covenant for Quiet Enjoyment and Deceit / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed; action dismissed with costs to the appellant.
Legal Topics
Statute of Frauds, Quiet Enjoyment, Misrepresentation, Disposition Clause, Parol Agreement
Source Language
English
Property Contract Tort Lease Statute of Frauds Quiet Enjoyment Misrepresentation Disposition Clause +1 more

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Parties

James Lumbers

Defendant Appellant

The Gold Medal Furniture Manufacturing Company

Plaintiff Respondent

Procedural Posture

Lease; Action for Breach of Covenant for Quiet Enjoyment and Deceit / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a parol agreement for sale constitutes a "disposition" under a lease proviso permitting the lessor to require vacation on six months' notice
  2. 2 Whether the lessor's representation that he had sold the premises amounted to fraudulent misrepresentation giving rise to damages
  3. 3 Whether there was an eviction or disturbance amounting to breach of the covenant for quiet enjoyment

Ratio Decidendi

A concluded parol agreement for sale, although unenforceable by action under the Statute of Frauds, constituted a "disposition" under the lease proviso and entitled the lessor to give six months' notice; the lessor's representation that he had sold the property was made in good faith and was not fraudulent; there was no eviction or disturbance amounting to breach of the covenant for quiet enjoyment; therefore the appeal is allowed and the action dismissed.

Court Disposition

Appeal allowed; action dismissed with costs to the appellant.

Orders

  • Appeal allowed
  • Judgments below reversed