Armstrong v. Nason

Armstrong v. Nason

Where the vendor conveys a present estate in fee accompanied by possession albeit defeasible on a future contingency, that does not constitute a total failure of title going to the root; a contractual clause requiring purchasers to raise objections within a fixed short period will be enforced, and objections based on the defeasible nature of such a present title are waived if not raised in time, entitling the vendor to specific performance absent other equitable considerations.

Citation
(1895) 25 SCR 263
Parties
Appellants (vendors): James Armstrong and Others; Respondent (purchaser): Joseph Nason; Respondent (purchaser): Alfred Wright; Respondent (purchaser): Wm. J. McClelland
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1895
Procedural Posture
Sale of Land / Specific Performance / Rescission / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeals against Nason and McClelland allowed with costs; appeal against Wright dismissed with costs.
Legal Topics
Waiver of Objections, Time‑limited Requisitions, Construction of Wills, Executory Devise, Defeasible Title, Rescission of Contract, Specific Performance, Marketable Title
Source Language
English
Real Property Contract Law Equity Succession/estates Waiver of Objections Time‑limited Requisitions Construction of Wills Executory Devise +4 more

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Parties

James Armstrong and Others

Appellants (vendors)

Joseph Nason

Respondent (purchaser)

Alfred Wright

Respondent (purchaser)

Wm. J. McClelland

Respondent (purchaser)

Procedural Posture

Sale of Land / Specific Performance / Rescission / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether purchaser waived objections to title by failing to raise them within the ten‑day contractual period
  2. 2 Whether a defeasible fee subject to an executory devise goes to the root of the vendor’s title so as to be excepted from a contractual time limit for objections
  3. 3 Whether specific performance or rescission with repayment of instalments is the appropriate remedy

Ratio Decidendi

Where the vendor conveys a present estate in fee accompanied by possession albeit defeasible on a future contingency, that does not constitute a total failure of title going to the root; a contractual clause requiring purchasers to raise objections within a fixed short period will be enforced, and objections based on the defeasible nature of such a present title are waived if not raised in time, entitling the vendor to specific performance absent other equitable considerations.

Court Disposition

Appeals against Nason and McClelland allowed with costs; appeal against Wright dismissed with costs.

Orders

  • Appeals of Armstrong v. Nason and Armstrong v. McClelland allowed with costs; judgments entered for specific performance of the contracts as claimed, without any inquiry as to title which the plaintiffs must be deemed to have waived.
  • Appeal of Armstrong v. Wright dismissed with costs (objection there held to have been taken within ten days).