How have the courts construated an agreement for sale in the context of a motion for sale?
Saskatchewan, Canada
The following excerpt is from Sanders v. Watson, 1925 CanLII 128 (SK QB):
The agreement for sale in Landes v. Kusch above referred to is of no assistance in construing the agreement here. At p. 446 Lamont, J., says: The agreement for sale was not made part of the material used on the motion, nor does the appeal book contain any statement as to the terms, if any, set out therein, upon which the vendor was to convey. All we know is the statement in the plaintiff’s pleading that the plaintiff agreed to sell and that the defendant agreed to buy, and the admission by the defendant that such statement is true. We must consider the contract, therefore, as an open one, and deal with the points raised on that basis.
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