Canadian Reports; Appeal Cases

Canadian Reports; Appeal Cases : Appeals Allowed or Refused by the Judicial Committee of the Privy Council on Appeal from the Dominion of Canada ... Volume 24

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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. 1916 edition. Excerpt: ...43 L. J. (Ch.) 449. LonD MACNAGHTEN referred to Clydebank Engineering Co. v. Don Jose Ramos Y zquierdo y Castaneda, 1905 A. C. 6. See Hughes v. Metropolitan Ry. Co. (1877), 2 App. Cas. 439; La Belle v. O'Connor (1908), 15 Ont. L. R. 519, 546, and In re a Debtor, -1908 1 K. B. 344. E. P. Davis, K.C., and Malcolm Macnaghten, for the respondents, contended that the Court of Appeal was right in enforcing the stipulated forfeiture and that no grounds for relief had been established by the appellant. The transaction was of a purely speculative character and it was expressly stipulated that time should be of the essence of the contract. It was contended that the principle 'on which the Court will grant relief was rightly laid down by Lord Cairns in Tilley v. Thomas (1867), L. R. 3 Ch. 61, 67. Where it is stipulated that time should not Argument before Privy Council. C.R. 19 be of the essence of the contract, that means that there is nothing in the express stipulations or the surrounding circumstances which would make it inequitable to interfere with and modify the legal right. Here there was an express agreement that time and punctuality of payment were of the essence of the contract, and it was contended reasonably so having regard to surrounding circumstances. Reference was also made to Peachy v. Duke of Somerset (1724), 1 Str. 447 (a); 2 White & Tudor, 8th ed., p. 255. Backimaster, K.C., in reply. Judgment of Privy Council. The judgment of their Lordships, prepared by the late Lord Macnaghten, was delivered by LonD MoULToN.--The question on this appeal arises out of a claim by the respondent company--an unpaid vendor of a tract of undeveloped land in British Columbia--to enforce a condition of forfeiture contained in the more

Product details

  • Paperback | 186 pages
  • 189 x 246 x 10mm | 340g
  • United States
  • English
  • black & white illustrations
  • 1236822021
  • 9781236822024