Is a vendor required to make a good title in fee simple if he contracts to sell land without saving condition?

Saskatchewan, Canada


The following excerpt is from Gutschenritter v. Ball, 1924 CanLII 71 (SK CA):

Where a vendor contracts to sell land without any saving condition as to the nature of the title he has to confer upon the purchaser, the law implies that it is incumbent upon him to make a good title in fee simple (Armstrong v. Mason, 25 S.C.R. 263, at p. 268).

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