Hall Estate v. Watton, (1975) 8 Nfld. & P.E.I.R. 1 (NFCA)

JudgeFurlong, C.J.N., Mifflin and Noel, JJ.
CourtNewfoundland Court of Appeal
Case DateFebruary 21, 1974
JurisdictionNewfoundland and Labrador
Citations(1975), 8 Nfld. & P.E.I.R. 1 (NFCA)

Hall Estate v. Watton (1975), 8 Nfld. & P.E.I.R. 1 (NFCA);

    8 A.P.R. 1

MLB headnote and full text

Hall's Estate v. Watton

Indexed As: Hall Estate v. Watton

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

June 16, 1975.

Summary:

This case arose out of an agreement for the sale of land. The plaintiff seller claimed that a deed which he signed conveyed more land than he agreed to sell to the buyer. The buyer prepared the deed for the seller's signature. The plaintiff seller claimed that he intended to sell a building lot for $3,000.00. The conveyance in fact conveyed two building lots plus several potential building lots. The trial court allowed the plaintiff's action and held that the defendant took advantage of the plaintiff. The trial court held that the defendant was guilty of fraudulent misrepresentation and the trial court set aside the deed and awarded the plaintiff $1,000.00 general damages for anguish and inconvenience - see 4 Nfld. & P.E.I.R. 587.

On appeal to the Newfoundland Court of Appeal, the appeal was dismissed and the judgment of the trial court was affirmed. Noel, J., dissenting, in the Newfoundland Court of Appeal, would have set aside the trial court judgment and would have found that a mutual mistake was made by the parties and would have restored the parties to the position they were in prior to the sale of the land - see paragraphs 22 to 44.

Damage Awards - Topic 700

Torts affecting business relations - Fraudulent misrepresentation - The defendant prepared a deed to be signed by the plaintiff which deed conveyed more land than the plaintiff intended to convey - The Newfoundland Court of Appeal set aside the deed and awarded $1,000.00 general damages to the plaintiff for anguish and inconvenience - See paragraph 20.

Evidence - Topic 1720

Hearsay rule exceptions - Res gestae - Utterances as part of the issue or event - Claim by a seller of land for rescission of a deed because of fraudulent misrepresentation by the buyer - Whether the seller intended to convey the land described in the deed - The seller died before trial and the Newfoundland Court of Appeal affirmed the admission of testimony respecting the angry reaction of the deceased seller when the seller learned of the buyer's claim to the land described in the deed - See paragraph 4.

Sale of Land - Topic 3755

Rescission of the contract - Grounds - Fraudulent misrepresentation - The defendant prepared a deed for the plaintiff which the plaintiff signed - The deed conveyed more land than that agreed to by the plaintiff - The Newfoundland Court of Appeal granted the plaintiff rescission of the deed and $1,000.00 general damages for anguish and inconvenience.

Counsel:

Wm. J. Browne, Q.C., for the plaintiff;

Alan W. Carter, for the defendant.

This appeal was heard by the Newfoundland Court of Appeal on February 21, 1974. Judgment was delivered by the Newfoundland Court of Appeal on June 16, 1975 and the following opinions were filed:

FURLONG, C.J.N., - see paragraphs 1 to 12,

MIFFLIN, J., - see paragraphs 13 to 21,

NOEL, J., - dissenting, see paragraphs 22 to 44.

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