Meeker v. Nicola Valley Lumber Co

Meeker v. Nicola Valley Lumber Co

Majority held that the purchaser's conduct (building the mill at a different part and communications with officials) precluded him from insisting on strict fulfilment of the condition precedent requiring vendor to make title to the full 108 acres; accordingly vendor was entitled to recover the unpaid balance subject to a reasonable allowance; the Court of Appeal's judgment was affirmed and the appeal dismissed.

Citation
(1917) 55 SCR 494
Parties
Appellant (defendant): Henry Clemons Meeker; Respondent (plaintiff): Nicola Valley Lumber Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 June 1917
Procedural Posture
Civil Appeal (sale of Land / Contract) / On Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed; respondent entitled to recover balance subject to reasonable allowance; costs awarded to respondent.
Legal Topics
Condition Precedent, Prevention of Performance, Title to Land, Specific Performance, Waiver, Estoppel
Source Language
English
Sale Property Contract Equity Condition Precedent Prevention of Performance Title to Land Specific Performance +2 more

Case Brief

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Parties

Henry Clemons Meeker

Appellant (defendant)

Nicola Valley Lumber Company

Respondent (plaintiff)

Procedural Posture

Civil Appeal (sale of Land / Contract) / On Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether purchaser's conduct prevented vendor from obtaining Crown grant and thus excused vendor's obligation to make title as a condition precedent
  2. 2 Whether vendor can recover the unpaid balance where vendor never obtained title to part of the land sold
  3. 3 Whether an implied obligation existed on purchaser to erect the mill on a particular part of the land

Ratio Decidendi

Majority held that the purchaser's conduct (building the mill at a different part and communications with officials) precluded him from insisting on strict fulfilment of the condition precedent requiring vendor to make title to the full 108 acres; accordingly vendor was entitled to recover the unpaid balance subject to a reasonable allowance; the Court of Appeal's judgment was affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed; respondent entitled to recover balance subject to reasonable allowance; costs awarded to respondent.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for British Columbia affirmed