Is a purchaser's refusal to make the cash payment under an agreement for sale valid?
Saskatchewan, Canada
The following excerpt is from Nagy v. Nagy Estate and Nagy, 1983 CanLII 2305 (SK CA):
Cushing v. Knight (1912), 1912 CanLII 26 (SCC), 46 S.C.R. 555, cited for the defendants, is plainly of no help to them. There the purchaser’s refusal to make the cash payment under an agreement for sale amounted to a repudiation of the agreement depriving him of the right to a decree for specific performance. That is very different from the present case. Here the purchase price was paid. The plaintiff’s claim is well founded.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a subsequent purchaser of the legal estate have to pay the full consideration of the purchase, even after the purchase was completed, if the subsequent purchaser has paid the entire amount of consideration, even though the previous purchaser had a prior equitable interest in the property? (Saskatchewan, Canada)
Is a purchaser bound by the provision in an agreement that "the purchaser accepts the purchaser's title to the said land"? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Does a vendor have the right to treat non-payment of the purchase price as abandonment of the agreement for sale? (Saskatchewan, Canada)
Can a purchaser under an agreement of sale continue to make payments to the vendor after having notice of a subsequent mortgage? (Saskatchewan, Canada)
Is it appropriate to dismiss a store manager who purchased large items without recording the purchases? (Saskatchewan, Canada)
Is a plaintiff justified in refusing to accept payment from defendant Sophie Brounstein? (Saskatchewan, Canada)
Is evidence of an oral agreement not admissible to alter the terms of a written agreement? (Saskatchewan, Canada)
What is the test for validating an agreement for sale? (Saskatchewan, Canada)
Is a verbal representation as to the roadworthiness of a car before the hire purchase agreement is signed? (Saskatchewan, Canada)
