When is a bill of sale valid when there is an actual cash payment made after the bill has been sold?
Saskatchewan, Canada
The following excerpt is from Bailey v. Howatt, 1914 CanLII 77 (SK QB):
It was further objected that, in any event, the bill of sale should stand so far as the actual cash payments made after the bill of sale, and in support of this contention a number of cases were cited, including Douglas v. Hourie, 2 Sask. L.R. 34, 10 W.L.R. 67. The case at bar, however, in my opinion, is distinguishable from that case. In that case there was an actual cash payment made at the time of the giving of the chattel mortgage.
"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
Is a purchaser's refusal to make the cash payment under an agreement for sale valid? (Saskatchewan, Canada)
Is a conditional gift in restraint of marriage valid? (Saskatchewan, Canada)
Is a cheque marked “in full of claim” valid? (Saskatchewan, Canada)
Can a party to a consent judgment be made against a property that was to stand as security for the equalization payment? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable? (Saskatchewan, Canada)
How have courts dealt with an application for an order quashing a resolution approving payment of legal expenses? (Saskatchewan, Canada)
Is a bill of sale valid if it is not registered with the clerk? (Saskatchewan, Canada)
What is the effect of requiring payment to a defendant in a personal injury case? (Saskatchewan, Canada)
If a banknote is not presented for payment, can the maker of the note be held liable? (Saskatchewan, Canada)
