How have the courts treated letters offering to take a farm on a lease for 21 years?

Saskatchewan, Canada


The following excerpt is from Reference re Taxation of Canadian Pacific Railway Company, 1949 CanLII 195 (SK CA):

Reference was also made to Chapman v. Bluck (1838) 4 Bing (NC) 187, 132 ER 760. In that case the plaintiff by letter offered to take a farm from the defendant upon lease for 21 years, a valuation to be made of the crops, a lease to be prepared at plaintiff’s expense and the whole to be subject to a certificate of plaintiff’s solvency to be given by one M. The defendant received the certificate of solvency and by letter accepted the plaintiff as tenant on the terms proposed. The valuation was deferred from time to time but the plaintiff on payment of the rent reserved was let into possession. It was held that the letters of the plaintiff and defendant (at all events as explained by the circumstances and some admissions made by the plaintiff after distress) constituted an actual demise on which the defendant was authorized to distrain for rent in arrears and not a mere agreement for lease.

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