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accept action affidavit agent agreed agreement alleged allowed amount appeal application assignment authority BANC Bank bill brought cause caveat certificate charge circumstances claim clause condition contained contract costs Court Crown damages default defendant delivered direction district effect entered entitled evidence execution fact filed follows further give given grant ground held hold horses intention interest issue Johnstone Judge judgment Justice Lamont land Land Titles learned letter lien lots matter meaning ment month mortgage necessary Newlands notes notice objection opinion owner paid parties payment performance person plaintiff possession practice premises Prendergast present proceedings provisions purchaser question reason received referred refused Regina registered registrar rent respect rule seems served shew signed sold statement sufficient summons taken thereof tion took transfer trial trustees Wetmore
Page 448 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
Page 18 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 40 - Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.
Page 469 - ... if default be made in the performance of any of the covenants or agreements herein contained, the said hiring, and the relation of landlord and tenant, at the option of the said...
Page 413 - When a person sells property which he is neither able to convey himself nor has the power to compel a conveyance of it from any other person, the purchaser, as soon as he finds that to be the case, may say ' I will have nothing to do with it.
Page 292 - Where rescission is claimed it is only necessary to prove that there was misrepresentation. Then, however honestly it may have been made, however free from blame the person who made it, the contract, having been obtained by misrepresentation, cannot stand.
Page 18 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 248 - There is no doubt that the general maxim of " the law is, that what is annexed to the land becomes part of the land; but it is " very difficult, if not impossible, to say with precision what constitutes an " annexation sufficient for this purpose. It is a question which must depend on " the circumstances of each case, and mainly on two circumstances, as indicating SAMB v. KNIGHT (VALUATION OFFICER) " the intention, viz., the degree of annexation and the object of the annexation.
Page 174 - Any person aggrieved who desires to question a conviction, order, determination, or other proceeding of a court of summary jurisdiction, on the ground that it is erroneous in point of law, or is in excess of jurisdiction, may apply to the court to state a special case setting forth the facts of the case and the grounds on which the proceeding is questioned, and if the court decline to state the case, may apply to the High Court of Justice for an order requiring the case to be stated.
Page 273 - No mortgage, bill of sale, lien, charge, incumbrance, conveyance, transfer or assignment hereafter made, executed or created, and which is intended to operate and have effect as a security shall in so far as the same assumes to bind, comprise, apply to or affect any growing crop or crop to be grown in future in whole or in part be valid except the same be made, executed or created as a security for the purchase price and interest thereon of seed grain.