Is a vendor entitled to retain the instalments paid in a loan agreement?
Alberta, Canada
The following excerpt is from Wimpey (George) Canada Ltd. v. Groveridge Imperial Properties Ltd., 1985 CanLII 1235 (AB QB):
In Brown v. Walsh it was held that the vendor can only retain the instalments paid if the agreement provides for that retention. At p. 648 the court observed “… there is no evidence of any such agreement.’’
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