Andrejowich v. Woodridge Homes Ltd. and Saniuk, (1981) 10 Man.R.(2d) 417 (CoCt)

• Judge: Barkman, J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: April 06, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 10 Man.R.(2d) 417 (CoCt)

Andrejowich v. Woodridge Homes (1981), 10 Man.R.(2d) 417 (CoCt)

MLB headnote and full text

Andrejowich v. Woodridge Homes Ltd. and Saniuk

Indexed As: Andrejowich v. Woodridge Homes Ltd. and Saniuk

Manitoba County Court

Barkman, J.

April 6, 1981.

Summary:

A creditor sued both a company and its president for work done for the company. Default judgment was entered against the company.

The Manitoba County Court dismissed the action against the company president.

Guarantee and Indemnity - Topic 132

The contract - Formation of contract - Duress - The Manitoba County Court held that the guarantee of an individual for the indebtedness of his incorporated company was unenforceable, where the guarantor signed the guarantee as a result of the creditor's harassment and threats to detain and sell the guarantor's goods - See paragraphs 7 to 9.

Cases Noticed:

Maxwell v. Hower, [1915] 3 K.B. 106, refd to. [para. 9].

Authors and Works Noticed:

Chitty on Contracts (24th Ed.), p. 439 [para. 9].

Counsel:

P. Guy, for the plaintiff;

H. Strell, for the defendant Saniuk;

No one appeared for the defendant Woodridge Homes Ltd.

This case was heard before BARKMAN, J., of the Manitoba County Court. The decision of BARKMAN, J., was delivered on April 6, 1981: