Question
MEMO To: You From: Me Date: October 5, 2023 Re: Keller v Presley et al I need your legal opinion on something. In August, after
MEMO To: You From: Me Date: October 5, 2023 Re: Keller v Presley et al I need your legal opinion on something. In August, after a quick look, I signed an agreement to purchase Edmonton's oldest and most iconic address: Lil Graceland. The seller was Elvis Presley and we used a standard Alberta real estate purchase and sale agreement. It was all done quite quickly so there were no conditions or added terms -just a straight cash for real property deal. I took possession of the home last week and well, "I'm all shook up!" There were a few surprises. When I first looked at the property before signing the contract, the walkway wasn't completed but all of the cobblestones were stacked adjacent to the path, ready to be installed. The cobblestones were the original stones used back in 1902 when Lil Graceland was built. I didn't ask why this was the way it was -I guess some kind of repair needed to be done, I don't know. But I assumed that the walkway would be completed or maybe I'd have to finish the work myself when I took possession. I never imagined that when I took possession, the cobblestones would be nowhere to be found! Thanks to the rain, the walkway was a muddy mess. Honestly, it feels like I'm metaphorically living at the "Heartbreak Hotel!" I spoke with the seller's lawyer, Colonel Tom Parker, and he just said that I can buy cobblestones at Chattelz 'n' Fixturez at West Edmonton Mall. I told him, "Don't be Cruel," and he hung up on me. The property came with a gazebo in the back yard. As beautiful as it was, it was old and in need of some repair. I hired Hound Dog Renovators to replace the walls. When Hound Dog's employee, Teddy Bear, was tearing out the old walls, gold coins came tumbling out (valued at $4,000,000)! A local TV station ran the exciting story on the 6:00 news. "I'm rich!" cried Teddy, adding "if there's one thing I know about the law, it's that finders are keepers and losers are weepers!" No one has come forward to claim ownership of the gold coins but that hasn't stopped Elvis, Teddy and Hound Dog Renovators from claiming entitlement. My "suspicious mind" tells me that they're all wrong but to be honest, I don't have a clue about this kind of thing. That's where you come in! Please provide me with your legal opinion on the above. Will I be out of luck when it comes to the cobblestones? What about the gold coins -who do you think has the best claim among me, Elvis, Teddy and Hound Dog Renovators? Your opinion should be based on the application of past case law that you have found. You are welcome to sparingly bring in other secondary sources like legal text books but primary sources (most notably past case law but possibly statutes) are of most importance. Do not reference the readings I have written or anything I've said in the videos, audio and lectures. Thanks! Brian
https://nextcanada-westlaw-com.ezproxy.macewan.ca/Browse/Home/LawSource?sp=CRSW_GrantMacEwanCol&transitionType=Default&contextData=(sc.Default)&LRedir=1&bhab=0&bhav=&bhqs=1
https://www.canlii.org/en/
PLEASE ADD FOOTNOTES!
USE SOURCES
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