Rottacker Farms Ltd. et al. v. C & M Farms Ltd., (1976) 2 A.R. 1 (CA)

JudgeMcGillivray, C.J.A., Moir and  Haddad, JJ.
CourtCourt of Appeal (Alberta)
Case DateOctober 12, 1976
Citations(1976), 2 A.R. 1 (CA)

Rottacker Farms Ltd. v. C&M Farms Ltd. (1976), 2 A.R. 1 (CA)

MLB headnote and full text

Rottacker Farms Ltd. et al. v. C & M Farms Ltd.

Indexed As: Rottacker Farms Ltd. et al. v. C & M Farms Ltd.

Alberta Supreme Court

Appellate Division

McGillivray, C.J.A., Moir and  Haddad, JJ.

October 12, 1976.

Summary:

This case arose out of the plaintiff's claim for the specific performance of an agreement for sale. The plaintiffs agreed to sell farmland and equipment to the defendant. Before either party had discharged all of their obligations under the agreement, the defendant defaulted and the plaintiffs brought an action for specific performance. The solicitors for the parties reached an agreement for settlement of the action, which in effect was a substituted agreement for sale under which the plaintiffs took back part of the land. The solicitor for the plaintiffs incorporated the settlement in a letter, which all of the plaintiffs, except one, signed. The plaintiffs subsequently reneged and the action continued with the defendant relying upon the settlement agreement. The Trial Division allowed the plaintiffs' action and held that the settlement was unenforceable. The defendant appealed.

The Appellate Division allowed the appeal. The Appellate Division held that the solicitors agreement for settlement constituted a new, enforceable agreement for sale between the parties which was specifically enforceable.

Barristers and Solicitors - Topic 1128

Retainer and authority - Implied authority - Settlements - The solicitor for the plaintiffs reached a settlement with the defendant's solicitor, which was ratified by all the plaintiffs, except one - The one claimed that he was not bound by the settlement - The Alberta Court of Appeal held that the plaintiff was bound by the act of his solicitor and agent, because the solicitor had the apparent authority to settle with the defendant's solicitor - See paragraph 28.

Barristers and Solicitors - Topic 1164

Retainer and authority - Extent of authority respecting settlements - The solicitor for the plaintiffs reached a settlement with the defendant's solicitor - The settlement was incorporated in a letter, which all of the plaintiffs except one signed - The plaintiffs claimed that the settlement was not enforceable because the one had not signed - The Appellate Division held that the plaintiffs' solicitor had authority to settle in the absence of instructions to the contrary - The Appellate Division held that the settlement was reached when the solicitors agreed and that the letter was mere form - The Alberta Court of Appeal held that the settlement agreement was enforceable - See paragraphs 25 to 27.

Contracts - Topic 1503

Formation of contract - Consensus - What constitutes a consensus necessary for a binding contract - Agreement of solicitors for parties - The parties made an agreement for the sale of farmland and equipment under which there was default and a resulting lawsuit - The solicitors for the parties reached an agreement for settlement of the action, which in effect substituted a new agreement for sale - The Alberta Court of Appeal held that the solicitors agreement constituted an enforceable agreement for sale between the parties - See paragraphs 1 to 25.

Contracts - Topic 4106

Remedies for breach - Specific performance - When available - General - The parties made an agreement for the sale of farmland and equipment under which there was a default and a resulting law suit - The solicitors for the parties reached an agreement for settlement of the action, which in effect substituted a new agreement for sale - The Alberta Court of Appeal held that the solicitors agreement constituted a valid agreement for sale between the parties, which was specifically enforceable - See paragraphs 20 to 21.

Contracts - Topic 4603

Discharge or termination - Accord and satisfaction - When applicable - The parties made an agreement for the sale of farmland and equipment to the defendant - Before either party had discharged all of their obligations under the agreement, the defendant defaulted and the plaintiffs brought an action for specific performance - The solicitors for the parties reached an agreement for settlement of the action, which in effect was a substituted agreement for sale under which the plaintiffs took back part of the land - The Alberta Court of Appeal held that the new agreement did not constitute an accord and satisfaction, because an accord and satisfaction required that the original agreement be completely executed by one of the parties, which had not been done - See paragraphs 13 to 19.

Contracts - Topic 7128

Novation - Novation between same parties - Valid new obligation - The parties made an agreement for the sale of farmland and equipment under which there was a default and a resulting lawsuit - The solicitors for the parties reached an agreement for settlement of the action, which in effect substituted a new agreement for sale - The Alberta Court of Appeal held that the solicitors' agreement constituted a valid agreement for sale between the parties, which was specifically enforceable - See paragraphs 20 to 21.

Cases Noticed:

British Russian Gazette Ltd. v. Associated Newspapers Ltd., [1933] 2 K.B. 616, appld. [para. 13].

Scherer v. Paletta, [1966] 2 O.R. 524, appld. [para. 27].

Kennedy v. Gunnar-Nesbitt Aviation Limited, [1973] 5 W.W.R. 41, appld. [para. 27].

Authors and Works Noticed:

Cheshire and Fifoot, The Law of Contract (8th Ed.), p. 517 [para. 16].

Counsel:

T.M. Mayson, Q.C., for the appellant;

J.E. Redmond, Q.C. and J.P. Warner, for the respondents.

This case was heard at Edmonton, Alberta, before McGILLIVRAY, C.J.A., and MOIR and HADDAD, JJ., of the Alberta Supreme Court, Appellate Division.

On October 12, 1976, McGILLIVRAY, C.J.A., delivered the following judgment of the Appellate Division:

To continue reading

Request your trial
7 practice notes
  • Blackmore v. Cablenet Ltd., (1994) 163 A.R. 41 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 30 Noviembre 1994
    ...Outlook Ltd. v. Associated Newspapers Ltd., [1933] 2 K.B. 616, refd to. [para. 24]. Rottacker Farms Ltd. et al. v. C & M Farms Ltd. (1976), 2 A.R. 1; 71 D.L.R.(3d) 263 (C.A.), refd to. [para. 24]. D. & C. Builders Ltd. v. Rees, [1965] 3 All E.R. 837 (C.A.), refd to. [para. 25]. Tenn......
  • Blanchard v. Canada Life Assurance Co., (2001) 235 N.B.R.(2d) 153 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • 26 Enero 2001
    ...12]. Scherer v. Paletta (1966), 57 D.L.R.(2d) 532 (Ont. C.A.), refd to. [para. 14]. Rottacker Farms Ltd. et al. v. C & M Farms Ltd. (1976), 2 A.R. 1; 71 D.L.R.(3d) 263 (C.A.), refd to. [para. Baldissera v. Wing et al., [2000] B.C.T.C. 987 (S.C.), refd to. [para. 15]. Counsel: Marco Robi......
  • ROM Constr. Ltd. v. Heeley, 46 AR 366
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • 18 Mayo 1982
    ...et al. v. Hefner et al. (1976), 13 O.R.(2d) 599, refd to. [para. 20]. Rottacker Farms Limited v. C.& M. Farms, [1976] 2 W.W.R. 634; 2 A.R. 1 refd to. [para. Re Canadian Workers Union and Frankel Structural Steel (1976), 12 O.R.(2d) 560, dist. [para. 22]. Thompson v. Thompson, [1948] O.W......
  • Sapieha v. Intercontinental Packers, (1985) 42 Sask.R. 96 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 19 Julio 1985
    ...102 L.J.K.B. 775 (C.A.), refd to. [para. 23]. C. & M. Farms Ltd. v. Rottacker Farms Ltd., [1976] 6 W.W.R. 601; 1 Alta. L.R.(2d) 126; 2 A.R. 1, refd to. [para. Goddard v. Blackwood Hodge Equipment Ltd. c.o.b. Tobin Tractor (1983), 2 C.C.E.L. 299, refd to. [para. 23]. Authors and Works No......
  • Request a trial to view additional results
7 cases
  • Blackmore v. Cablenet Ltd., (1994) 163 A.R. 41 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 30 Noviembre 1994
    ...Outlook Ltd. v. Associated Newspapers Ltd., [1933] 2 K.B. 616, refd to. [para. 24]. Rottacker Farms Ltd. et al. v. C & M Farms Ltd. (1976), 2 A.R. 1; 71 D.L.R.(3d) 263 (C.A.), refd to. [para. 24]. D. & C. Builders Ltd. v. Rees, [1965] 3 All E.R. 837 (C.A.), refd to. [para. 25]. Tenn......
  • Blanchard v. Canada Life Assurance Co., (2001) 235 N.B.R.(2d) 153 (TD)
    • Canada
    • New Brunswick Court of Queen's Bench of New Brunswick (Canada)
    • 26 Enero 2001
    ...12]. Scherer v. Paletta (1966), 57 D.L.R.(2d) 532 (Ont. C.A.), refd to. [para. 14]. Rottacker Farms Ltd. et al. v. C & M Farms Ltd. (1976), 2 A.R. 1; 71 D.L.R.(3d) 263 (C.A.), refd to. [para. Baldissera v. Wing et al., [2000] B.C.T.C. 987 (S.C.), refd to. [para. 15]. Counsel: Marco Robi......
  • ROM Constr. Ltd. v. Heeley, 46 AR 366
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • 18 Mayo 1982
    ...et al. v. Hefner et al. (1976), 13 O.R.(2d) 599, refd to. [para. 20]. Rottacker Farms Limited v. C.& M. Farms, [1976] 2 W.W.R. 634; 2 A.R. 1 refd to. [para. Re Canadian Workers Union and Frankel Structural Steel (1976), 12 O.R.(2d) 560, dist. [para. 22]. Thompson v. Thompson, [1948] O.W......
  • Sapieha v. Intercontinental Packers, (1985) 42 Sask.R. 96 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 19 Julio 1985
    ...102 L.J.K.B. 775 (C.A.), refd to. [para. 23]. C. & M. Farms Ltd. v. Rottacker Farms Ltd., [1976] 6 W.W.R. 601; 1 Alta. L.R.(2d) 126; 2 A.R. 1, refd to. [para. Goddard v. Blackwood Hodge Equipment Ltd. c.o.b. Tobin Tractor (1983), 2 C.C.E.L. 299, refd to. [para. 23]. Authors and Works No......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT