McGugan v. Smith

McGugan v. Smith

The alleged promise to provide for the plaintiff by will was not enforceable by specific performance, but the services performed were not intended to be gratuitous and the plaintiff was entitled to recover on a quantum meruit; damages were assessed at $1,000 (inclusive of the legacy) in full satisfaction of her claim.

Citation
(1892) 21 SCR 263
Parties
Defendants Appellants: Alexander McGugan and Others; Plaintiff Respondent: Louisa Smith
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1892
Procedural Posture
Contract / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of the court below varied to assess damages at $1,000 in full for the plaintiff's services inclusive of the legacy; costs to be paid out of the estate.
Legal Topics
Specific Performance, Quantum Meruit, Service Agreement, Remuneration, Statute of Frauds/requirement for Written Agreement
Source Language
English
Contract Equity Wills Remedies Specific Performance Quantum Meruit Service Agreement Remuneration +1 more

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Parties

Alexander McGugan and Others

Defendants Appellants

Louisa Smith

Plaintiff Respondent

Procedural Posture

Contract / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether an agreement to provide for services by will is enforceable by specific performance
  2. 2 Whether services rendered were intended to be gratuitous or gave rise to a quantum meruit claim
  3. 3 Whether the legacy in the will fulfilled any agreement

Ratio Decidendi

The alleged promise to provide for the plaintiff by will was not enforceable by specific performance, but the services performed were not intended to be gratuitous and the plaintiff was entitled to recover on a quantum meruit; damages were assessed at $1,000 (inclusive of the legacy) in full satisfaction of her claim.

Court Disposition

Appeal dismissed; judgment of the court below varied to assess damages at $1,000 in full for the plaintiff's services inclusive of the legacy; costs to be paid out of the estate.

Orders

  • Appeal dismissed with costs
  • Judgment varied: damages assessed at $1,000 in full for the plaintiff's services, inclusive of the legacy