De Felice v. O'Brien

The appeal was dismissed because the buyer had accepted the tobacco, manufactured cigars from it and destroyed the cigars he alleged were defective, and on that basis the courts held he could not recover damages from the seller.

Citation: (1918) 59 SCR 684
Parties: Appellant / Plaintiff: De Felice; Respondent / Defendant: O'Brien
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 23 December 1918
Procedural Posture: Appeal From Court of King's Bench, Quebec (sale of Goods) / Final Judgment on Appeal to the Supreme Court of Canada
Outcome: Appeal dismissed with costs; Chief Justice Sir Louis Davies and Justice Mignault dissented.
Legal Topics: Acceptance, Defects, Destruction of Goods, Damages, Return of Goods
Source Language: English

Sale Contract Commercial Law Remedies Acceptance Defects Destruction of Goods Damages +1 more

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

De Felice

Appellant / Plaintiff

O'Brien

Respondent / Defendant

Procedural Posture

Appeal From Court of King's Bench, Quebec (sale of Goods) / Final Judgment on Appeal to the Supreme Court of Canada

Legal Issues

1 Whether acceptance of goods by the buyer bars recovery for defects
2 Whether destruction of the allegedly defective goods by the buyer prevents recovery or return
3 Liability of seller for latent defects after buyer's acceptance

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; Chief Justice Sir Louis Davies and Justice Mignault dissented.

Orders

Appeal dismissed with costs.
Judgments of the Superior Court and the Court of King's Bench affirmed.