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Contract law [1952] 2 SCR 465

Kloepfer Wholesale Hardware v. Roy

The Supreme Court of Canada held that a purchaser may seek declaratory relief and specific performance immediately after a vendor’s anticipatory repudiation of a completed land sale contract.

  • Anticipatory breach
  • Specific performance
  • Declaratory judgment
  • Statute of frauds
  • Misrepresentation
  • Mistake
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Property law [1926] SCR 328

Porter v. Armstrong

The Supreme Court of Canada held that a sale covenant was joint, not several, and that a plan to resell land for profit did not by itself create a partnership.

  • Joint and several covenant
  • Partnership versus co-ownership
  • Interpretation of covenants
  • Liability of executors
  • Assignment of interest
  • Joint-covenant
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Sale of land [1924] SCR 530

Seibel v. Dwyer Elevator Co.

The Supreme Court of Canada held that a vendor could not rely on s. 3 of the Crop Payments Act where the agreement allowed crop payments to be used for other obligations.

  • Crop payments act s.3
  • Attornment clause
  • Seizure of crop
  • Strict construction of remedial statute
  • Crop-payments-act
  • Attornment-clause
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Property (1918) 56 SCR 312

Stahl v. Miller

The Supreme Court of Canada allowed Stahl’s appeal, holding that undisclosed dual agency by his attorney justified rescission of the land sale and repayment.

  • Conflict of interest
  • Dual agency
  • Rescission
  • Agent purchasing from principal
  • Trustee duties
  • Disclosure and ratification
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Sale of land (1914) 49 SCR 360

Snell v. Brickles

The Supreme Court of Canada allowed a purchaser’s appeal in a land sale dispute, holding that a $500 “deposit” was part of the price and relief from forfeiture was available.

  • Specific performance
  • Forfeiture
  • Deposit
  • Time of essence
  • Penalty
  • Relief against forfeiture
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Contract law (1911) 45 SCR 296

Webster v. Snider

The Supreme Court of Canada held that a written agreement acknowledging $16,000 as paid in money governed the parties’ rights, allowing recovery when the consideration failed.

  • Vendor and purchaser
  • Consideration
  • Specific performance
  • Damages
  • Money had and received
  • Exchange vs sale
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Sale of land (1910) 47 SCR 399

Macfarlane v. Davis

Appeal in a land-sale deceit case. The Supreme Court of Canada held that honest belief in a representation defeats deceit and allowed the appeal with costs.

  • Deceit
  • Misrepresentation
  • Honest belief
  • Amendment of pleadings
  • Adding new cause of action
  • Pleadings-amendment
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Sale of land (1909) 41 SCR 577

Reser v. Yates

The Supreme Court of Canada held that a broker had not complied with the vendor’s deposit condition and was not entitled to commission.

  • Broker's commission
  • Deposit conditions
  • Compliance with instructions
  • Vendor's refusal to complete
  • Appropriation of funds
  • Broker-commission
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Contract (1908) 42 SCR 230

Mey v. Simpson

The Supreme Court of Canada dismissed an appeal in a land sale dispute, holding that the seller’s statement about farming quality was opinion, not an actionable warranty.

  • Misrepresentation
  • Warranty
  • Opinion versus fact
  • Non-suit
  • Damages
  • Sale-of-land
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Contract law (1907) 38 SCR 588

Andrews v. Calori

The Supreme Court of Canada held that the correspondence formed a sufficient memorandum under the Statute of Frauds and upheld specific performance of the land sale.

  • Formation of contract
  • Statute of frauds memorandum
  • Acceptance and conditions as to title
  • Secret commission/agent's payment
  • Specific performance remedy
  • Authority of agent
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.