How have the courts interpreted notice of a vendor’s lien?
Saskatchewan, Canada
The following excerpt is from Sawyer & Massey v. Bennett, 1909 CanLII 116 (SK CA):
The case of Kettlewell v. Watson, 21 Ch. D. 685, furnishes a number of valuable illustrations of the principles applicable to notice. In that case Fry, L.J., said: “The first question is, did the principal know of the charge? If he did not, had he an agent who knew of the charge? Then the next question is, was it the agent’s duty to communicate that fact to the principal.” And he held in that case that where a sub-purchaser, who had bought a small lot from the purchasers, and who had allowed the purchasers, at their suggestion, to employ their own solicitors, who knew of the vendor’s lien, to prepare the conveyance, there was no duty cast upon the solicitors to communicate to the sub-purchaser the existence of the lien, and the sub-purchaser was not charged with notice thereof, the solicitors employment being in that case simply to draw the conveyance.
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