Is a lease on a homestead quarter voidable and not void?
Saskatchewan, Canada
The following excerpt is from Friess v. Imperial Oil Limited, 1954 CanLII 208 (SK CA):
With deference I cannot agree with the trial judge that the lease of the homestead quarter was voidable and not void. Nor can I agree with his conclusion that had the female plaintiff been in good health at the time the lease was made she would have signed. There is no evidence, in my opinion, to warrant this conclusion; there is evidence to the effect that she “didn’t care” but there is no evidence that she was at all times willing that the lease should be made and thus bring her within the decision of this court in Nielsen v. Jenewein 1924 CanLII 77 (SK CA), [1924] 2 WWR 696, 18 Sask LR 342.
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