Supreme Court of Canada Case Summary

Case Information

• Case Title: Ralph Newcombe Barrick and Theresa May Florella Barrick, Executors of the Estate of Eli James Barrick, Appellants vs. Frank Clark, Respondent

• Court: Supreme Court of Canada

• Date: 1950

• Citation: 177 RALPH NEWCOMBE BARRICK 819 RICK EXECUTORS OF THE ESTATE OF ELI JAMES BARRICK APPELLANTS deceased and WILLIAM HOHMANN Defendants AND FRANK CLARK Plaintiff RESPONDENT ON APPEAL FROM THE COURT OF APPEAL OF SASKATCHEWAN

Main Issues

• Contract by Correspondence: The case revolves around the sale of farm land negotiated through letters.

• Acceptance within Reasonable Time: The primary question is whether the acceptance of the offer was made within a reasonable time frame.

Key Findings

• Reasonable Time for Acceptance:

  • An offer not limited by time must be accepted within a reasonable time.

  • The trial judge concluded that the acceptance on December 10 was not within a reasonable time.

  • The Court of Appeal disagreed, stating the offer was still open for acceptance.

Factors Influencing Reasonable Time

• Nature of the Subject Matter: The character of the land and the usual business practices in such negotiations.

• Conduct of the Parties: The correspondence indicated a lack of urgency, suggesting that December 10 was reasonable.

Correspondence Overview

• November 15, 1947: Barrick's letter to Clark offered the land for $15,000, stating the deal could be closed immediately upon receipt of a $2,000 deposit.

• November 20, 1947: Mrs. Clark acknowledged receipt of Barrick's letter, indicating Mr. Clark was out of town and requested that the offer be held open.

• December 10, 1947: Clark accepted the offer and sent a $2,000 cheque.

Court Opinions

• Trial Judge's View: The acceptance was not timely due to the expectation of promptness indicated in the offer.

• Court of Appeal's View: The offer remained open until it was received by Clark, and thus the acceptance was valid.

Conclusion

• The Supreme Court ultimately sided with the trial judge, ruling that the acceptance was not made within a reasonable time. The appeal was allowed, restoring the trial judgment and awarding costs to the appellants.

Legal Principles Established

• Acceptance Timing: Acceptance of an offer must occur within a reasonable time, which is determined by the nature of the offer and the conduct of the parties involved.

• Communication of Intent: The law assesses agreements based on outward expressions and communications between parties.

Costs

• The appellants were awarded costs in both the Supreme Court and the Court of Appeal.