-May 30.
FENDANT)...............................
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ON APPEAL FROM THE SUPREME COURT OF BRITISH COLUMBIA.
The E. & N. Ry. Co. executed an agreement to sell certain lands to H., who entered into possession, made improvements, and paid the purchase money, whereupon a deed was delivered to him which he refused to accept as it reserved the minerals on the land while the agreement was for an unconditional sale. In an action by H. for specific performance of the agreement the company contended that in its conveyances the word " land " was always used as meaning land minus the minerals.
Held, reserving the judgment of the Supreme Court of British Columbia (6 B. C. Rep. 228), Taschereau J. dissenting, that the contract for sale being expressed in unambiguous language, and H. having bad no notice of any reservations, it could not be rescinded on the ground of mistake and he was entitled to a decree for specific performance.
APPEAL from a decision of the Supreme Court of British Columbia (1), varying the decree at the trial which declared the plaintiff entitled to a conveyance but not to specific performance:
The action was brought by the appellant to enforce specific performance of an agreement by the railway company to sell to him certain land in British Columbia. The agreement is contained in the follow- :-Taschereau, Gwynne, Sedgewick, King and Girouard JJ.