What is the legal basis for a specific performance action against a mortgagor?

British Columbia, Canada


The following excerpt is from First Western Capital Ltd. v. Taylor, 1980 CanLII 604 (BC SC):

What seems to follow is that, because of the two issues now raised by the mortgagors, the purchasers, were they to sue for specific performance, would fail. Applying the rule in Pew v. Zinck, that is a proper ground upon which to set aside or open up the sale.

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