Girvan v. Longdo, [1966] N.B. Law News No. 64 (CA)

• Judge: Ritchie, West and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: September 15, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 64 (CA)

Girvan v. Longdo, [1966] N.B. Law News No. 64 (CA)

MLB Law News

J. Garth Girvan and Maritime Trailer Sales Limited (plaintiffs/appellants) v. Franklin James Longdo (defendant/respondent)

(Archives RS43/1966)

Indexed As: Girvan v. Longdo

New Brunswick Supreme Court

Appeal Division

Ritchie, West and Limerick, JJ.A.

September 15, 1966.

Summary:

Agreement To Lease - Appeal dismissed from a judgment holding that Appellant is not entitled to possession of land where Appellant and Respondent have entered into two identical unsealed agreements to lease. Held on equitable principles that leasee under agreement to lease holds land on same terms as if formal lease had been granted. Held that a subsequent alteration by affixing seal to one of the agreements to lease rendered that agreement void but Respondent entitled to possession by virtue of the unaltered agreement to lease.

Landlord and Tenant - Topic 2206

The lease - Effect of agreement to enter lease - See paragraphs 1 to 62.

Landlord and Tenant - Topic 2266

The lease - Statute of frauds - Leases within statute - See paragraphs 1 to 62.

Landlord and Tenant - Topic 2444

The lease - Variation or alternation - What constitutes - See paragraphs 1 to 62.

Counsel:

George B. Cooper, for the plaintiff/appellants;

James D. Harper and A. McF. Limerick, Q.C., for the defendant/respondent.

This appeal was heard before Ritchie, West and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Ritchie, J.A. delivered the following decision for the court on September 15, 1966.