In what circumstances will a vendor be able to obtain a judgment against a plaintiff for failure to pay the vendor?
Saskatchewan, Canada
The following excerpt is from Primeau et al v. Meagher et al, 1923 CanLII 117 (SK CA):
In Davidson v. Sharpe, 1920 CanLII 83 (SCC), 60 S.C.R. 72, [1920] 1 W.W.R. 888, Mr. Justice Anglin, at p. 83, says: When the vendor sought and obtained a judgment fixing a period for payment and providing that on default “the agreement shall be cancelled and at an end and all moneys paid thereunder forfeited to the plaintiff,” he elected in my opinion, on that: event happening, to take the property in satisfaction of so much of the purchase money as then remained unpaid.
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