Supreme Court of Canada
Boyce Construction (Ottawa) Ltd. v. Loeb, [1978] 1 S.C.R. 1095
Date: 1977-05-12
Boyce Construction (Ottawa) Limited (Defendant) Appellant;
and
David B. Loeb and Joyce Loeb (Plaintiffs) Respondents.
1977: May 12.
Present: Judson, Ritchie, Spence, Pigeon and Dickson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.
Contract—Damages—Breach of warranty—Agreement of sale.
APPEAL from a judgment of the Court of Appeal for Ontario allowing an appeal from a judgment of Moorhouse J. dismissing an action for damages for breach of warranty and undertaking. Appeal dismissed.
John J. Nesbitt, Q.C., for the appellant.
Walter B. Williston, Q.C., and D.M.J. Rock, for the respondents.
The judgment of the Court was delivered orally by
JUDSON J.—It will not be necessary to hear you Mr. Williston and Mr. Rock. We are all of the opinion that the Court of Appeal came to the correct result. The appeal is dismissed with costs.
Appeal dismissed with costs.
Solicitors for the appellant: Hewitt, Hewitt, Nesbitt, Reid, McDonald & Tierney, Ottawa.
Solicitors for the respondents: Soloway, Wright, Houston, Greenberg, O’Grady & Morin, Ottawa.
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