If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor?

Saskatchewan, Canada

The following excerpt is from De Visscher v. Weir, 1918 CanLII 136 (SK QB):

See judgment of Parker, Master, in Harper v. Henderson, (unreported) March 14, 1914: It would never do to allow plaintiff to harass a purchaser with an execution in the hands of the sheriff, and at the same time put an end to his contract, so that if a vendor having elected to take a personal judgment should realize any moneys thereon, I would certainly refuse to grant him an order for cancellation or forfeiture on a subsequent application, at all events, only on condition that he refunded to the purchaser all moneys realized under the execution. For the present, I will follow the practice of holding the vendor to his election, except, probably where, on a subsequent application (after electing to take personal judgment) he satisfies me that no moneys have been realized under the judgment and that his executions have been withdrawn.

I cannot find any reported case where that practice has been adopted, or, in fact, where similar circumstances have called for a decision, but I adopt that practice as reasonable, excepting, of course, that executions would not have to be withdrawn in so far as they cover costs. Jackson v. Scott, 1 O.L.R. 488.

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