Forman v. Union Trust Co.

Forman v. Union Trust Co.

The signed written instruction embodied the parties' full agreement; therefore parol evidence could not be admitted to add the alleged $50,000 condition, and in any event payments were authorized by Gallagher, so the Trust Company did not breach its obligations.

Citation
[1927] SCR 1
Parties
Plaintiff/appellant: Horace B. Forman; Defendant/respondent: The Union Trust Company, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 December 1926
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Parol Evidence Rule, Interpretation of Written Instructions, Conditions of Deposit, Agency/authorization
Source Language
English
Evidence Trusts Contract Law Parol Evidence Rule Interpretation of Written Instructions Conditions of Deposit Agency/authorization

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Parties

Horace B. Forman

Plaintiff/appellant

The Union Trust Company, Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether parol evidence was admissible to establish an oral condition that the deposit was not to be paid out until $50,000 was received under the Hayes-Lorrain Syndicate agreement
  2. 2 Whether the Trust Company complied with the instructions regarding payment (authorization by Gallagher)

Ratio Decidendi

The signed written instruction embodied the parties' full agreement; therefore parol evidence could not be admitted to add the alleged $50,000 condition, and in any event payments were authorized by Gallagher, so the Trust Company did not breach its obligations.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Ontario affirmed