Hefferton v. Gandex Industries Ltd., (1971) 2 Nfld. & P.E.I.R. 196 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: August 27, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 196 (NFSC)

Hefferton v. Gandex Ind. (1971), 2 Nfld. & P.E.I.R. 196 (NFSC)

MLB headnote and full text

Hefferton v. Gandex Industries Limited

Indexed As: Hefferton v. Gandex Industries Ltd.

Newfoundland Supreme Court

At Trial

Furlong, C.J.

August 27, 1971.

Summary:

Action for damages for breach of contract for sale of land.

Sale of Land - Topic 6038

Completion - Real property - Agreement for sale - Condition precedent - Meaning of phrase "subject to financing being arranged" - Trial court held phrase means raising of money or credit and implies that the buyer at signing of contract has insufficient cash available to complete purchase - The Newfoundland Supreme Court held the agreement was not enforceable where buyer was unable to raise purchase money.

Cases Noticed:

Eastmond v. Bowis, [1962] N.Z.L.R. 954, folld.

Counsel:

Donald W. K. Dawe, Q.C., for the plaintiff;

A. Kader Bootwala, for the defendant.