Acton Tanning Co. v. Toronto Suburban Rway. Co.

Acton Tanning Co. v. Toronto Suburban Rway. Co.

Majority held the evidence established an oral agreement that the railway could enter the tanning company yards without payment; the deceased president had either actual authority under the partnership and corporate context or ostensible authority by holding out; possession and extensive works by the railway amounted to part performance removing the Statute of Frauds bar; therefore the railway's right of way claim stood and the appeal was dismissed with costs.

Citation
(1918) 56 SCR 196
Parties
Appellants / Defendants: Acton Tanning Company and Others; Respondent / Plaintiff: Toronto Suburban Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 March 1918
Procedural Posture
Civil Appeal / Final Judgment on Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed with costs; judgment of Appellate Division affirmed.
Legal Topics
Right of Way, Compensation, Oral Agreement, Statute of Frauds, Part Performance, Authority of Company President, Ostensible Authority, Specific Performance
Source Language
English
Transportation Property Contract Corporate/agency Equity Right of Way Compensation Oral Agreement +5 more

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Parties

Acton Tanning Company and Others

Appellants / Defendants

Toronto Suburban Railway Company

Respondent / Plaintiff

Procedural Posture

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

Legal Issues

  1. 1 Whether an oral agreement between railway president and the tanning company president granted the railway a right of way without compensation
  2. 2 Whether the deceased president (Walter D. Beardmore) had actual or ostensible authority to bind the Acton Tanning Company
  3. 3 Whether the Statute of Frauds barred enforcement of the alleged oral agreement

Ratio Decidendi

Majority held the evidence established an oral agreement that the railway could enter the tanning company yards without payment; the deceased president had either actual authority under the partnership and corporate context or ostensible authority by holding out; possession and extensive works by the railway amounted to part performance removing the Statute of Frauds bar; therefore the railway's right of way claim stood and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs; judgment of Appellate Division affirmed.

Orders

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