Yoxall v. Terra Nova Wood Products Ltd., (1973) 4 Nfld. & P.E.I.R. 94 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 15, 1973
• Jurisdiction: Newfoundland and Labrador
• Citations: (1973), 4 Nfld. & P.E.I.R. 94 (NFSC)

Yoxall v. Terra Nova Wood (1973), 4 Nfld. & P.E.I.R. 94 (NFSC)

MLB headnote and full text

Yoxall v. Terra Nova Wood Products Ltd.

Indexed As: Yoxall v. Terra Nova Wood Products Ltd.

Newfoundland Supreme Court

At Trial

Higgins, J.

March 15, 1973.

Summary:

This action arose out of negotiations for the purchase and sale of land. The plaintiff purchaser made an offer to purchase a farm property. The defendant vendor accepted the offer but endorsed a condition on the offer requiring a barn on the property to be leased back to the defendant. The plaintiff agreed to the condition. Subsequently, the parties disagreed on the extent of the barn property to be leased. After the parties were unable to agree on the terms of the lease, the plaintiff brought an action for specific performance of the contract of sale. The Supreme Court in the judgment below dismissed the action.

The Supreme Court found that each of the parties had never agreed to the other's understanding of the condition. The Supreme Court held that, since there was no agreement on the terms of the lease, the contract of sale was never completed and was not capable of specific performance.

Sale of Land - Topic 2025

Formation of contract - Parties not ad idem - Misunderstanding - Term of leaseback - Vendor accepted purchaser's offer to purchase with condition that a barn on the property be leased back to the vendor purchaser accepted condition - Subsequent disagreement over extent of property to be leased back - Newfoundland Supreme Court held the parties had never agreed on the terms of the lease - Supreme Court held contract of sale incomplete and dismissed purchaser's action for specific performance.

Cases Noticed:

May & Butcher Ltd. v. R., [1934] 2 K.B. 17, folld.

Foley v. Classique Coaches Ltd., [1934] 2 K.B. 1, refd to.

Counsel:

Denis Barry, for the plaintiff;

Hon. F.A. O'Dea, Q.C., for the defendant.