Supreme Court of Canada
Stark v. Ambrose et al., [1978] 2 S.C.R. 716
Date: 1978-06-01
John P. Stark (Plaintiff) Appellant;
and
Diana Eileen Ambrose and John Bruk as Executors of the Estate of Ernest Charles Warner, A-1 Steel and Iron Foundry (Vancouver) Ltd., Roma Investments Ltd., Lansdowne Securities Ltd. and E.C. Warner Investments Ltd. (Defendants) Respondents.
1978: June 1.
Present: Martland, Ritchie, Dickson, Estey and Pratte JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Contracts—Agreement that upon death of either party, survivor should have option to buy certain shares of deceased by exercising option within six months following issuance of probate—Difficulties arising between survivor and executors of deceased—New agreement arrived at prior to expiration of option—Creation of new contract inconsistent with continuance of rights under old contract.
APPEAL from a judgment of the Court of Appeal for British Columbia pronounced on January 16, 1974, dismissing an appeal from a judgment of Macfarlane J. pronounced on February 19, 1973, whereby the plaintiff’s action for specific performance, or for damages for the alleged breach, of an agreement, which, inter alia, provided for an option to purchase certain shares in a public company, was dismissed. Appeal dismissed.
J.D. McAlpine and H. Poulus, for the plaintiff, appellant.
A. McEachern and J.B.L. Robertson, for the defendants, respondents.
The judgment of the Court was delivered orally by
MARTLAND J.—We are all in agreement with the judgment of the Court of Appeal. The appeal is dismissed with costs.
Judgment accordingly.
[Page 717]
Solicitors for the plaintiff, appellant: J.D. McAlpine & Assoc., Vancouver.
Solicitors for the defendants, respondents, Ambrose, Bruk and E.C. Warner Investments: Russell & Du Moulin, Vancouver.
Solicitors for the defendants, respondents, Roma Investments, Lansdowne Securities and A-1 Steel: Lawrence & Shaw, Vancouver.
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