Western Law Reporter (Canada) And Index-Digest

Cover Western Law Reporter (Canada) And Index-Digest
Western Law Reporter (Canada) And Index-Digest
Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams
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8A8KATCHIWAV.
TRIAL.
I^Iay 28th, 1908.
BANNERMAN v. GREEN.
Vendor and Purchaser — Contract for Sale of Land — Failure of Vendor to Make Title to Part — Repudiation by Pur- chaser — Letters — Right to Rescind — Lien for Pw- chase Money Paid — Interest — Specific Performance — Sale of Land — Lien — Costs, Action for specific performance of a contract for the Bale of land.
TOi^ nil. W.L.B. MO. 5—30 442 ^^^ WESTERN LAW REPORTER.
G. E. Taylor, Moose Jaw, for plaintiff.
W. B. Willoughby, Moose Jaw, f
...or defendant Green, E. Armstrong, Moose Jaw, for defendant Hitchcock.
Johnstone, J.: — On 26th August, 1902, the defendant Green, by writing under seal, agreed to sell to the plaintiff section 32, township 16, range 1, west of the 3rd meridian, in the province of Saskatchewan, at and for the price of $2,560, $1,280 cash, and $640 on 26th August, 1903, and the balance, $640, on 26th August, 1904. In the latter part of September of the year 1902 the plaintiff and defendant Green met in the office of the defendant Green at Moose Jaw, where, it is stated by the plaintiff, he was informed by Green that he, Green, could not carry out his agreement as to the sale of the east half of the before-mentioned sec- tion; that he could not make title; and the plaintiff further states that it was then agreeid and understood between them that in the event of Green being unable to obtain title tx> the east half, and the plaintiff unable to find any other land in lieu thereof suitable, the money paid on account of the purchase price for the whole section might be applied in payment in full for the west half.


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