Is a memorandum containing an agreement as to interest and date of possession sufficient to satisfy the Statutes of Frauds?

Saskatchewan, Canada


The following excerpt is from Kalmakoff and Kalmakoff v. Reilkoff, 1982 CanLII 2578 (SK CA):

It is clear from MoKenzie v. Walsh, supra, that where there is agreement as to interest, date of possession, manner of payment and other such terms prior to the preparation of the memorandum they must be included to satisfy the statute. However, Mignault, J., in MoKenzie v. Walsh, supra, at 323, states: Coming now to the objections founded on the Statutes of Frauds, the only one on which I feel any difficulty is on the point whether the agreement alleged by the appellant as to the payment of the balance of the purchase price and the delivery of possession took place at the interview of February 5, or was a subsequent parol agreement. If the former, I would think it was a material term of the agreement, and should have been mentioned in the memorandum. If it was a subsequent parol agreement, I think the memorandum is sufficient.

Other Questions


In what circumstances will a court overturn an agreement for the sale of a homestead made by an elderly father in good health and in possession of all his faculties? (Saskatchewan, Canada)
Can an agreement for good consideration to extend the time for payment of a principal and interest or both be enforced? (Saskatchewan, Canada)
What is the test for determining whether a statute or statute has retrospective effect? (Saskatchewan, Canada)
Is an interest in land subject to encumbrances sufficient to warrant the dismissal of an application for security for costs? (Saskatchewan, Canada)
Is evidence of an oral agreement not admissible to alter the terms of a written agreement? (Saskatchewan, Canada)
What is sufficient compliance with the Rules of Civil Procedure to be considered sufficient compliance? (Saskatchewan, Canada)
Is sufficient evidence sufficient to support a verdict? (Saskatchewan, Canada)
Is a search warrant granted in a regulatory context sufficient to satisfy the reasonableness inquiry? (Saskatchewan, Canada)
Is an agreement by a homesteader to give possession of his homestead for five years to a party who would farm it on shares not a transfer or assignment? (Saskatchewan, Canada)
Can title by possession be acquired in unregistered land and if perfected as required by the limitation statute prior to the date of the first certificate of title? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.