Speidel and Speidel v. Paquette Estate and Braun, (1979) 20 A.R. 586 (QB)

• Judge: Dea, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 09, 1979
• Citations: (1979), 20 A.R. 586 (QB)

Speidel v. Paquette Estate (1979), 20 A.R. 586 (QB)

MLB headnote and full text

Speidel and Speidel v. Paquette's Estate and Braun

(136237)

Indexed As: Speidel and Speidel v. Paquette Estate and Braun

Alberta Court of Queen's Bench

Judicial District of Calgary

Dea, J.

October 9, 1979.

Summary:

This headnote contains no summary.

Sale of Land - Topic 1326

The contract - Form and content - Necessity for writing - Statute of Frauds - Circumstances not within Statute - The owner of a house agreed to rent the house for five years and then sell it to the tenants - During the lease period the tenants were required to obtain the permission of the owner for any major changes - However, the owner verbally waived the consent requirement - The Alberta Court of Queen's Bench held that the oral waiver was not caught by the Statute of Frauds, because it did not affect an interest in the land - See paragraphs 16 to 25.

Sale of Land - Topic 1335

The contract - Form and content - Necessity for writing - Oral terms - Waiver - The owner of a house agreed to rent the house for five years and then sell it to the tenants - During the lease period the tenants were required to obtain the permission of the owner for any major changes - However, the owner verbally waived the consent requirement - The Alberta Court of Queen's Bench held that the oral waiver, while not affecting the terms of the written agreement, prevented the owner from enforcing the consent requirement - See paragraphs 16 to 25.

Sale of Land - Topic 1604

The contract - Offer and acceptance - What constitutes - The owner of a house agreed to rent the house for five years and then convey the house to the tenants for a nominal sum, provided that the tenants paid the rent and moved in and looked after the property for the term of the lease - The owner confirmed the arrangement in writing, while stipulating that the written memorandum was not an agreement for sale or an agreement of any kind - The owner's widow refused to complete the transfer after five years - The Alberta Court of Queen's Bench allowed the tenant's action for specific performance and held that the owner's memorandum constituted an offer of sale, which could be accepted by the tenant's performing the rental and maintenance requirements, which they did - See paragraphs 1 to 13.

Cases Noticed:

Rose and Frank Company v. J.R. Crompton, [1925] A.C. 445, dist. [para. 5].

Johnson Investments Ltd. v. Pagritide, [1923] 2 D.L.R. 985, appld. [para. 20].

Statutes Noticed:

Statute of Frauds (Alberta).

Counsel:

T.T. McCaffery, for the plaintiffs;

V.K. Watts, for the defendants.

This case was heard before DEA, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on October 9, 1979: