Of the cases discussed that of Nielson v. Jenewein, 1924 CanLII 77 (SK CA), [1924] 2 W.W.R. 696, deserves some comment. There the vendor under an agreement for sale sued to recover the purchase price. The purchaser defended on the ground that the wife of the vendor had not complied with the required formalities of the Act, although she had consented to the transaction and remained willing to submit to the examination required by the statute. The judgment of this court on the appeal was that under these circumstances the wife could comply with the requirements of the Act and validate the agreement. It was clear from each of the two judgments rendered that compliance with the formal requirements of the Act were necessary before the rights under the agreement could be enforced.
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