How have the courts interpreted the meaning of the "ordinary rule” in the context of a sale of land?
Saskatchewan, Canada
The following excerpt is from Mayberry v. Williams and Berg, 1910 CanLII 136 (SK CA):
Again, I do not question that. “It is to be observed there, that running through this remark of the learned Judge is the idea merely what the ordinary rule is, and what the purchaser is entitled to. I am unable to gather from it that the rule contended for by the learned counsel for the defendant was intended to be laid down in that case. And again, in the appeal of this case, Armstrong v. Nason (1895), 25 S.C.R. 263, at p. 268, Strong, C.J., lays down as follows:— “In carrying out a sale of land the vendor is in all cases bound to deliver an abstract shewing a good title unless this duty is dispensed with by the contract.”
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