Hechter et al. v. Thurston

Hechter et al. v. Thurston

Because the contract did not make time of the essence and the vendor had accepted the contract conditions as binding terms, the vendor was in default and had prematurely repudiated, entitling the purchasers to damages; the Court allowed the appeal and restored the trial judge's award of damages.

Citation
[1980] 2 SCR 254
Parties
Plaintiff Appellant: William Samuel Hechter; Plaintiff Appellant: David William Gordon Reycraft; Defendant Respondent: Harold Elmer Thurston
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 October 1980
Procedural Posture
Contract for Sale of Land / Appeal to Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal allowed; judgment of the Manitoba Court of Appeal set aside; award of damages by the trial judge restored; appellants awarded costs in this Court; no costs awarded in the Court of Appeal; trial costs undisturbed.
Legal Topics
Specific Performance, Damages, Time of the Essence, Conditions Precedent, Vendor Default, Repudiation
Source Language
English
Property Contract Civil Remedies Specific Performance Damages Time of the Essence Conditions Precedent Vendor Default +1 more

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Parties

William Samuel Hechter

Plaintiff Appellant

David William Gordon Reycraft

Plaintiff Appellant

Harold Elmer Thurston

Defendant Respondent

Procedural Posture

Contract for Sale of Land / Appeal to Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether time was of the essence of the contract
  2. 2 Whether vendor had accepted the conditions as contractual terms
  3. 3 Whether the vendor was in default and had repudiated

Ratio Decidendi

Because the contract did not make time of the essence and the vendor had accepted the contract conditions as binding terms, the vendor was in default and had prematurely repudiated, entitling the purchasers to damages; the Court allowed the appeal and restored the trial judge's award of damages.

Court Disposition

Appeal allowed; judgment of the Manitoba Court of Appeal set aside; award of damages by the trial judge restored; appellants awarded costs in this Court; no costs awarded in the Court of Appeal; trial costs undisturbed.

Orders

  • Appeal allowed
  • Judgment of the Manitoba Court of Appeal set aside