The appellants appealed the dismissal of their claim for specific performance of a contract for the sale of a cottage property.
The trial judge had found that a 1964 letter agreement was not an enforceable contract due to uncertainty in the property description, as part of the land described was on an adjoining Crown reserve.
The Court of Appeal allowed the appeal, holding that the purchasers were entitled to specific performance for the portion of the land the vendor was able to convey.
The Court also found the trial judge erred in applying the Limitations Act, as the limitation period did not begin until a demand to convey was made.
