Is a purchaser bound by the words “accepts the title of the vendor”?
Saskatchewan, Canada
The following excerpt is from Gutschenritter v. Ball, 1924 CanLII 71 (SK CA):
The plaintiff contended, on the appeal, that the purchaser was bound by the provision in the agreement to the effect that he “accepts the title of the vendor of the said lands.” Words similar to these have been judicially interpreted, and the rule adopted is that which is laid down by the Master of the Rolls in Housfield v. Hodges, 33 Beav. 90 (55 E.R. 300), where it is stated: As to the acceptance of the title, I assent to this proposition:—that a purchaser is only bound by his acceptance of title, so far as he is made cognizant of it, and that if anything is kept back by the vendor he is not, as to that, bound by his acceptance.
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