McNeil v. Corbett

McNeil v. Corbett

The alleged assignment concerned an interest in land within the Statute of Frauds; no compliant written memorandum was produced and the acts proved were not unequivocally referable to the land agreement, so the doctrine of part performance did not apply and the plaintiff could not recover.

Citation
(1907) 39 SCR 608
Parties
Appellant / Defendant: Alexander McNeil; Respondent / Plaintiff: Patrick E. Corbett; Co Defendant: McDonald
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 December 1907
Procedural Posture
Appeal / Hearing and Judgment on Appeal to the Supreme Court of Canada
Outcome
Appeal allowed with costs; judgment of the Supreme Court of Nova Scotia reversed.
Legal Topics
Statute of Frauds, Part Performance, Assignment of Interest in Land, Conversion of Property, Pleading
Source Language
English
Property Law Trusts Equity Evidence Statute of Frauds Part Performance Assignment of Interest in Land Conversion of Property +1 more

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Parties

Alexander McNeil

Appellant / Defendant

Patrick E. Corbett

Respondent / Plaintiff

McDonald

Co Defendant

Procedural Posture

Appeal / Hearing and Judgment on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether the alleged assignment of an interest in mining areas was an interest in land within the Statute of Frauds
  2. 2 Whether acts relied on constituted part performance and were unequivocally referable to the alleged land agreement
  3. 3 Whether a payment or bond could take the case out of the Statute of Frauds

Ratio Decidendi

The alleged assignment concerned an interest in land within the Statute of Frauds; no compliant written memorandum was produced and the acts proved were not unequivocally referable to the land agreement, so the doctrine of part performance did not apply and the plaintiff could not recover.

Court Disposition

Appeal allowed with costs; judgment of the Supreme Court of Nova Scotia reversed.

Orders

  • Appeal allowed with costs
  • Judgment of the Supreme Court of Nova Scotia (41 N.S. Rep. 110) reversed