Is a contract binding at the death of a vendor?
Saskatchewan, Canada
The following excerpt is from Casey Estate (Re), 1935 CanLII 175 (SK QB):
In Curre v. Bowyer (1818) 5 Beav. 6 (n), 49 E.R. 478 (n), the facts were that a party entered into a contract for the sale of real estate, and afterwards died before it had been completed. After the lapse of many years, the purchaser filed a bill for specific performance. This was resisted. It was held that the contract was binding at the death of the vendor, but that by the lapse of time, and by his laches, the purchaser had lost his right to specific performance, and that the estate belonged to the next of kin, and not to the heir at law.
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