King v. Milner

King v. Milner

Defendants breached the binding sale agreement by failing to close and are therefore liable for damages measured by the reasonable resale loss (price difference of $2,000) and carrying expenses ($997.14); the claimant mitigated reasonably by re-listing and obtaining a timely resale; accordingly judgment is entered for the claimant for the calculated amounts plus recoverable fees, with the $500 deposit released to the claimant and applied against the judgment principal only.

Citation
2007 NSSM 25
Parties
Claimant: Susan Frances King; Defendant: Alan Milner; Defendant: Catherine Caton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 June 2007
Procedural Posture
Small Claims Court Breach of Contract/resale Deficiency / Decision After Hearing
Outcome
Judgment for the Claimant (Susan Frances King) against the Defendants (Alan Milner and Catherine Caton).
Legal Topics
Breach of Contract, Resale Damages, Failure to Obtain Financing, Agent Obligations
Source Language
English
Contract Real Property Remedies Breach of Contract Resale Damages Failure to Obtain Financing Agent Obligations

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Parties

Susan Frances King

Claimant

Alan Milner

Defendant

Catherine Caton

Defendant

Procedural Posture

Small Claims Court Breach of Contract/resale Deficiency / Decision After Hearing

Legal Issues

  1. 1 Whether defendants who failed to close are liable for damages for breach of the sale agreement
  2. 2 Whether the claimant mitigated loss by a reasonable resale
  3. 3 What damages are recoverable (price difference, carrying costs, fees)

Ratio Decidendi

Defendants breached the binding sale agreement by failing to close and are therefore liable for damages measured by the reasonable resale loss (price difference of $2,000) and carrying expenses ($997.14); the claimant mitigated reasonably by re-listing and obtaining a timely resale; accordingly judgment is entered for the claimant for the calculated amounts plus recoverable fees, with the $500 deposit released to the claimant and applied against the judgment principal only.

Court Disposition

Judgment for the Claimant (Susan Frances King) against the Defendants (Alan Milner and Catherine Caton).

Orders

  • Judgment in favour of Susan Frances King against Alan Milner and Catherine Caton in the amount of $3,282.54.
  • Judgment components: resale price difference $2,000.00 and carrying expenses $997.14; filing fee $160.00 and service fee $125.40 included in total.