Hall Estate v. Watton, (1973) 4 Nfld. & P.E.I.R. 587 (NFSC)

JudgeHiggins, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateJuly 06, 1972
JurisdictionNewfoundland and Labrador
Citations(1973), 4 Nfld. & P.E.I.R. 587 (NFSC)

Hall Estate v. Watton (1973), 4 Nfld. & P.E.I.R. 587 (NFSC)

MLB headnote and full text

Hall's Estate v. Watton

Indexed As: Hall Estate v. Watton

Newfoundland Supreme Court

At Trial

Higgins, J.

July 20, 1973.

Summary:

This action arose out of a claim for rescission of a deed. Alexander Hall, deceased, owned a tract of land, part of which was divided into five lots numbered 21 to 25. In June, 1972, Hall and the defendant signed an agreement for sale of a parcel of land which Hall intended to be lot 21. The defendant drew the deed for the conveyance, which Hall executed on July 6, 1972. The description in the deed was of a much larger parcel of land, including lots 21 and 22, plus additional land. Also on July 6, Hall signed an agency agreement for the sale of lots 21 to 25 with his real estate agent. On July 8, 1972, Hall conveyed lot 22 to another buyer. When it was learned that the defendant claimed the land described in the deed, Hall's estate brought an action against the defendant claiming rescission of the deed together with damages for fraudulent misrepresentation. The Supreme Court allowed the action, rescinded the deed and awarded the plaintiff $1,000 general damages for loss of use of the land and inconvenience.

The Supreme Court found on the evidence that the deceased Hall did not intend to convey to the defendant the larger parcel of land. The Supreme Court found that the defendant fraudulently misrepresented the land to be conveyed by Hall. The Supreme Court held that the misrepresentation, embodied in the description in the deed, entitled the plaintiff to rescission.

Contracts - Topic 1601

Formation - Consent - Mistake - Plea of non est factum - Grantor executed a deed which contained a different description of property from that intended by the grantor - Newfoundland Supreme Court stated that the onus was on the grantor to establish the plea of non est factum and that inadvertent execution of a document was not sufficient to establish the plea - Supreme Court held the grantor did not establish plea of non est factum - Paragraph 15.

Damage Awards - Topic 700

Torts - Fraudulent misrepresentation - Defendant prepared a deed for the grantor which the grantor executed - Deed contained a description of property which was different from that agreed by the grantor - Newfoundland Supreme Court granted rescission of the deed and awarded the grantor $1,000.00 general damages for loss of use of the land and inconvenience - Paragraph 16.

Damages - Topic 3625

Torts - Deceit - Fraudulent misrepresentation - Defendant prepared a deed for the grantor which the grantor executed - Deed contained a description of property which was different from that agreed by the grantor - Newfoundland Supreme Court granted rescission of the deed and awarded the grantor $1,000.00 general damages for loss of use of the land and inconvenience - Paragraph 16.

Evidence - Topic 1550

Hearsay rule - Exceptions - Statements of facts against interest - Defendant alleged deceased grantor sold to him a certain lot of land - Deceased's real estate agent testified that the deceased sold the same lot to another at the same time - Newfoundland Supreme Court admitted statements made by the deceased grantor on the ground that such testimony constituted a statement of facts against the interest of the deceased - Paragraph 14.

Evidence - Topic 1725

Hearsay rule - Hearsay rule inapplicable - Res gestae - Defendant alleged deceased sold to him a certain lot of land - Surveyor and lawyer testified concerning the deceased's angry reaction when the deceased learned of the defendant's claim to the lot - Newfoundland Supreme Court allowed the testimony on the ground that the statements of the deceased to the surveyor and the lawyer formed part of the res gestae - Paragraph 14.

Sale of Land - Topic 3755

Rescission of contract - Grounds - Fraudulent misrepresentation - Defendant prepared a deed for the grantor which the grantor executed - Deed contained a description of property which was different from that agreed by the grantor - Newfoundland Supreme Court granted rescission of the deed and awarded the grantor $1,000.00 general damages for loss of use of the land and inconvenience.

Cases Noticed:

Foster v. McKinnon (1869), L.R. 4 C.P. 704, dist.

Howatson v. Webb, [1907] 1 Ch. 537. dist.

Carlisle and Cumberland Banking Co. v. Bragg, [1911] 1 K.B. 489, dist.

Gallie v. Lee and Another, [1969] 1 All E.R. 62, aff'd sub nom Saunders v. Anglia Building Society, [1970] 3 All E.R. 961, appld.

Counsel:

The Honourable W.J. Browne, Q.C., for the plaintiff;

A.W. Carter, for the defendant.

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