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Livingstone v. Evans

Supreme Court of Alberta
4 D.L.R. 769 (1925)

Facts

T.J. Evans (defendant) wrote to Livingstone (plaintiff), offering to sell a piece of land for $1,800. Livingstone wrote back, “Send lowest cash price. Will give $1600 cash.” Evans responded saying “Cannot reduce price.” Livingstone then wrote back saying that he was accepting the offer. However, in the meantime, Evans had entered into a contract to sell the land to a third party. Livingstone brought suit for specific performance.

Rule of Law

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Issue

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Holding and Reasoning (Walsh, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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