Goodfellow v. Drschiwiski and Drschiwiski, (1978) 12 A.R. 91 (TD)

• Judge: Rowbotham, J.
• Case Date: May 05, 1978
• Citations: (1978), 12 A.R. 91 (TD)

Goodfellow v. Drschiwiski (1978), 12 A.R. 91 (TD)

MLB headnote and full text

Goodfellow v. Drschiwiski and Drschiwiski

Indexed As: Goodfellow v. Drschiwiski and Drschiwiski

Alberta Supreme Court

Trial Division

Judicial District of Medicine Hat

Rowbotham, J.

May 5, 1978.

Summary:

This case arose out of the purchaser's action for the specific performance of an agreement for the sale of a farm. The sellers pleaded in defence that an offer to purchase had been made by the purchaser and a counteroffer was made by the sellers, which was withdrawn before acceptance.

The Alberta Supreme Court, Trial Division, allowed the action and granted specific performance of the agreement for sale. The Trial Division found that the purchaser's offer had been accepted by the sellers. The Trial Division, held further that if the sellers had not accepted the offer, but made a counter offer, the counter offer was accepted by the purchaser before the sellers revoked it.

Sale of Land - Topic 1683

The contract - Offer and acceptance - Acceptance - Validity of acceptance which varies terms of offer - A purchaser made a written offer to purchase a farm - The seller signed an acceptance of the offer, but changed the date for possession - The Alberta Supreme Court, Trial Division, held that the offer was accepted and that the date for possession was a mere appointment to carry out the contract and did not vary the terms of the contract - See paragraph 10.

Sale of Land - Topic 6038

Completion - Conditions precedent - Conditions respecting financing to be arranged - The Alberta Supreme Court, Trial Division, held that a condition in an agreement for sale that financing be arranged by a certain date was satisfied by testimony of a man who said that he had verbally agreed to provide financing within the limited time for obtaining financing - See paragraph 12.

Cases Noticed:

McKenzie v. Walsh, [1921] 1 W.W.R. 1017 (S.C.C.), appld. [para. 10].

McKenzie v. Hiscock et al. (1965), 54 W.W.R.(N.S.) 163, appld. [para. 10].

Karpa v. O'Shea et al. (1969), 3 D.L.R.(3d) 572, appld. [para. 10].

Anderson v. Chaba (1977), 7 A.R. 469, reversing 6 A.R. 36, consd. [para. 10].

Whitehall Estates v. McCallum et al. (1975), 63 D.L.R.(3d) 320 (B.C.C.A.), appld. [para. 11].

Ryder and Wizenburg v. Medic (1976), 2 A.R. 284, consd. [para. 12].

Senstad v. Makus (1977), 17 N.R. 361; 6 A.R. 451 (S.C.C.), appld. [para. 13].

Counsel:

R.D. Bolton, for the plaintiff;

E.W.N. MacDonald, for the defendants.

This case was heard at Medicine Hat, Alberta, before ROWBOTHAM, J., of the Alberta Supreme Court, Trial Division, Judicial District of Medicine Hat.

On May 5, 1978, ROWBOTHAM, J., delivered the following judgment: