Sea v. McLean

Sea v. McLean

Majority held the trustees acted within the discretion conferred by the codicil; no breach of trust was proved; the contract, being a bona fide auction sale by the acre at a fixed per‑acre price, was enforceable and the purchaser was entitled to a conveyance of the surveyed 117.35 acres upon payment; therefore specific performance was decreed and the lower court's reversal was set aside.

Citation
(1887) 14 SCR 632
Parties
Plaintiff/appellant: Samuel Sea; Defendants/executors: Alexander McLean and James Stewart, Executors
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 June 1887
Procedural Posture
Appeal / Final Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia
Outcome
Appeal allowed; judgment of the Chief Justice restored; decree for specific performance in favour of plaintiff (majority); one judge dissented.
Legal Topics
Breach of Trust, Power of Sale Under Will, Auction Sale by Acre, Contractual Uncertainty, 'more or Less' Clause, Requirement of Survey
Source Language
English
Trusts Property Equity Wills Contract Specific Performance Breach of Trust Power of Sale Under Will +4 more

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Parties

Samuel Sea

Plaintiff/appellant

Alexander McLean and James Stewart, Executors

Defendants/executors

Procedural Posture

Appeal / Final Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia

Legal Issues

  1. 1 Whether purchaser who bought at auction by the acre is entitled to specific performance for the whole unsurveyed lot found to contain greater acreage
  2. 2 Whether trustees exceeded their power or committed a breach of trust by selling more land than necessary under a codicil empowering sale to raise debts
  3. 3 Whether the contract was void or too uncertain to enforce because of the 'more or less' language and the unsigned/unsurveyed quantity

Ratio Decidendi

Majority held the trustees acted within the discretion conferred by the codicil; no breach of trust was proved; the contract, being a bona fide auction sale by the acre at a fixed per‑acre price, was enforceable and the purchaser was entitled to a conveyance of the surveyed 117.35 acres upon payment; therefore specific performance was decreed and the lower court's reversal was set aside.

Court Disposition

Appeal allowed; judgment of the Chief Justice restored; decree for specific performance in favour of plaintiff (majority); one judge dissented.

Orders

  • Judgment of Chief Justice restored
  • Decree of specific performance ordering conveyance of the surveyed 117.35 acres to plaintiff upon payment of the purchase price