The Alberta Law Reports Volume 8

The Alberta Law Reports Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...who take no care to satisfy themselves that they will ever be able to give title to the property which they have con-tracted to sell is an incident which is unfortunately too common in the purchase and sale of real property for immediate specu-lative purposes. The vendor accepted the statement of the person who sold to him. He made no personal investigation of title and did not employ a solicitor to do so. It is surely a case where the vendor cannot be held to be "without default" where he exhibits such want of care and such absolute failure to make investigation of his title when he proceeds to sell on a speculative market. If the vendor had employed solicitors to investigate title, the failure of registration of Spencer's transfer within the statutory period would have been apparent and the defect in title disclosed. I would therefore dismiss the appeal. It is common knowledge that the reckless contracts of The case before us is an example of one such. Appeal allowed with costs, SIMMONS, J., d1'ssenting. Begg, McLarty cf: Evans, solicitors for plaintiff, respondent. Laidlaw, Blanchard' tfi' Rand, solicitors for defendant, appellant. APPELLATE DIVISION. 7 i I 1., WOLVERTON (Plaintiff), Respondent, v. BLACK Duuuoun O11. FIELDS, LIMITED (Defendant), Appellant. C'ompa'ny--Transfer of Shares--DuI_1/ of Directors to Permit--L1'ab1'lity of Company for Wrongful I'reventio1v--Mcasure of Damages A company owes a duty to a shareholder to permit the transfer of his shares and where its directors wrongfully prevent the transfer the com-pany is liable for the natural consequences of such breach of duty, which in a case where a sale of the shares is prevented is the loss of the sale. 20--8 ALTA. L.R. App. more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236737385
  • 9781236737380