Supreme Court of Canada
Armstrong v. Mutual Life Assurance Co. of Canada, [1925] S.C.R. 671
Date: 1925-05-20
Armstrong v. Mutual Life Assurance Company of Canada
1925: May 13; 1925: May 20.
Present: Anglin C.J.C. and Duff, Mignault, Newcombe and Rinfret JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR SASKATCHEWAN
Sale, land—Representation by vendor—"Good arable land"—Weight of evidence.
APPEAL from the decision of the Court of Appeal for Saskatchewan reversing the judgment of the trial judge and maintaining the respondent's action.
The action was for specific performance of an agreement for sale of a quarter section of land and to recover the balance of the purchase price. The appellant set up as a defence that he was induced to enter into the contract by the representation of the respondent to the effect that "there were from 90 to 100 acres of good arable land on the quarter," and that such representation was false, and asked for the rescission of the contract and the return of the purchase money paid, with interest.
On the appeal by the defendant to the Supreme Court of Canada, the court dismissed the appeal and the concluding paragraph of the judgment of the court, as delivered by Anglin C.J.C., was as follows:
"After full consideration we see no reason to differ from the view taken by the Court of Appeal that the defendant had failed to establish the misrepresentation on which he relied."
Appeal dismissed with costs.
G. N. Gordon K.C. for the appellant.
Gregory K.C. for the respondent.
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