Can a vendor bring an action at law or equitable action for an intermediate instalment of a contract?
Saskatchewan, Canada
The following excerpt is from Standard Trust v. Little, 1915 CanLII 193 (SK CA):
A vendor, therefore, to whom an intermediate instalment is due, may bring either an action at law for the instalment, or an equitable action for specific performance of the contract. If he proceeds by way of a common law action for the instalment, he is, upon proving that he has a good title to the land, entitled to a judgment for the money due on which he can issue immediate execution; but he is not entitled to any other remedy, at least unless leave is reserved to him in the judgment to apply for some other remedy in case he failed to obtain payment under his execution, as was done in Jackson v. Scott, 1 O.L.R. 488.
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