Cushman Motor Works of Canada v. Laing, (1920) 60 SCR 649

Supreme Court of Canada

Cushman Motor Works of Canada v. Laing, (1920) 60 S.C.R. 649

Date: 1920-03-08

Cushman Motor Works of Canada;

v.

Laing

1920: February 10; 1920: March 8.

Present:—Sir Louis Davies C.J. and Idington, Duff, Brodeur and Mignault JJ.

ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ALBERTA.

Sale—Farm machinery—Conditions—Misrepresentation—Use of machine—Right to rescission.

[Page 649]

APPEAL from the judgment of the Supreme Court of Alberta, Appellate Division[1], affirming the judgment of Stuart J. at the trial [2] and dismissing the appellant's, plaintiff's, action. The action is for the recovery of a lien note given by the respondent as part of the purchase price of a combination threshing outfit. The respondent pleaded that the machine did not fulfil the conditions and the warranties contracted for.

The trial judge and the Appellate Division found as a fact that the respondent never got the article he bargained for and also found, in the circumstances of this case, a sufficient explanation of the retention by the respondent of the machine for a long period.

On the appeal by the plaintiff to the Supreme Court of Canada, the court, after hearing counsel for both parties, reserved judgment, and, at a subsequent date, dismissed the appeal with costs.

Appeal dismissed with costs.

A. H. Clarke K.C. for the appellant.

J. W. McDonald K.C. for the respondent.