Nozick;
v.
Denny
1920: February 13, 16; 1920: May 4.
Present:—Sir Louis Davies C.J. and Idington, Duff, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA.
Sale—Sale of land—Vendor's lien—Unpaid balance.
[Page 646]
APPEAL from the judgment of the Supreme Court of Alberta, Appellate Division,, reversing the judgment of Walsh J. at the trial and maintaining the respondent's, plaintiff's, action.
The action was one brought by the respondent, the vendor, for a lump sum, of a certain hotel premises, including a licence and furnishings; and the respondent asked for a declaration that he had a vendor's lien for the balance of the purchase price. The respondent took from the appellant promissory notes for part of the price, which notes were indorsed to a bank for security for advances; he also transferred the immovable property to a third party and the transfer contained a statement that he had received payment of the sum stipulated as its purchase price.
The trial judge dismissed the action on the ground that the appellant owned the money claimed to the bank and not to the appellant. The Appellate Division held that there was a lien on the real estate for the whole amount remaining unpaid under the agreement.
On appeal to the Supreme Court of Canada, after hearing counsel on behalf of both parties, the court reserved judgment and, on a subsequent day, allowed the appeal with costs, Idington and Mignault JJ. dissenting.
Appeal allowed with costs.
Parlee K.C. for the appellants.
E. Brice for the respondent.
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