Syndics d'Ecoles Dissidents de St. Romuald v. Shannon

Section 250 has no application to a case of this kind. It is probably intended to meet cases where the parents desire some of the children to be educated in one kind of religious atmosphere and others in another. Its precise effect in particular circumstances may be matter for debate; but, at all events, it does not point to an intention to enable the trus- Duff J. tees of a dissentient school to deny the right of a dissentient ratepayer to have his children educated at the dissentient school for the support of which he is taxed.

The appeal should be dismissed with costs.

THE ROYAL TRUST COMPANY, ES- 1-_

APPELLANTS;* *Oct.21,22.

QUAL AND OTHERS (DEFENDANTS) .....

AND

*Feb. 4. JOHN

DE

N. KENNEDY,

ES-QUAL

(PLAINTIFF).........................

RESPONDENT. ON APPEAL, PER SALTUM, FROM THE SUPERIOR COURT FOR THE PROVINCE OF QUEBEC

*

Sale-Property-Agreement by purchaser to pay taxes-Sale of property to third party for unpaid taxes-Action for purchase price-Liability of purchaser.

The respondent, representing the vendor, sued the appellant, representing the purchaser, for the balance of the price of sale of certain parcel of land. The latter denied his liability on the ground that the property could not be transferred to him by the vendor as it had been sold for unpaid taxes; but the vendor contended that the purchaser was still bound because the sale of the property for taxes was due to the failure by the purchaser to pay them as covenanted.

Held that the respondent's action should be dismissed. The vendor was aware that the taxes had not been paid and was looking to the purchaser for the money wherewith to pay them; he had already collected some rent for the property which he was holding as a credit against the taxes and it can be inferred that the vendor anticipated that payments on account of taxes, when made, would CJ.C. and Duff, Newcombe, Rinfret and Lamont JJ.