Uplands, Limited v. Goodacre

Uplands, Limited v. Goodacre

Majority held appellants did not establish the contractual conditions precedent (insolvency not proved and manager's certificate of abandonment not procured); the appellants' possession was tentative and insufficient to defeat the sheriff's execution; contractor's stoppage letter did not amount to waiver of the stipulated conditions, therefore the execution creditor's seizure was valid and appeal dismissed.

Citation
(1914) 50 SCR 75
Parties
Appellant Plaintiff: Uplands, Limited; Respondent Defendant: Lawrence Goodacre
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 June 1914
Procedural Posture
Contract Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs
Legal Topics
Cancellation, Condition Precedent, Possession, Waiver, Seizure in Execution, Interpleader, Insolvency, Abandonment, Suretyship
Source Language
English
Contract Property Execution Insolvency Suretyship Cancellation Condition Precedent Possession +4 more

Case Brief

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Parties

Uplands, Limited

Appellant Plaintiff

Lawrence Goodacre

Respondent Defendant

Procedural Posture

Contract Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether the company acquired right to possession of contractor's plant and materials without manager's certificate or proof of insolvency under the contract clause
  2. 2 Whether the contractor's letter stopping work constituted waiver of the contract's conditions precedent
  3. 3 Whether the company's possession defeated a sheriff's execution seizure

Ratio Decidendi

Majority held appellants did not establish the contractual conditions precedent (insolvency not proved and manager's certificate of abandonment not procured); the appellants' possession was tentative and insufficient to defeat the sheriff's execution; contractor's stoppage letter did not amount to waiver of the stipulated conditions, therefore the execution creditor's seizure was valid and appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs