Case Threshing Machine Co. v. Mitten

Case Threshing Machine Co. v. Mitten

The written order was the complete agreement; parol evidence of prior representations could not alter its terms; the respondents accepted the engine and by paying a promissory note without protest and not returning the engine they waived any right of rescission, so the vendor was entitled to recover the purchase price.

Citation
(1919) 59 SCR 118
Parties
Appellant/plaintiff: Case Threshing Machine Company; Respondents/defendants: Mitten and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 October 1919
Procedural Posture
Sale of Goods / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan
Outcome
Appeal allowed; judgment of the Court of Appeal reversed; action of appellant maintained; respondents' plea and counterclaim dismissed.
Legal Topics
Acceptance, Written Contract (entire Agreement), Parol Evidence Rule, Waiver by Conduct, Return of Goods Clause, Misrepresentation, Damages, Promissory Note
Source Language
English
Contract Sale of Goods Agency Evidence (parol) Warranty Rescission Acceptance Written Contract (entire Agreement) +6 more

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Parties

Case Threshing Machine Company

Appellant/plaintiff

Mitten and Others

Respondents/defendants

Procedural Posture

Sale of Goods / Appeal to Supreme Court of Canada From Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether the written order constituted the entire agreement excluding prior or contemporaneous oral representations
  2. 2 Whether the engine delivered matched the contractual description and was accepted by the purchasers
  3. 3 Whether oral representations by vendor's agent created a warranty or right to rescind despite the written contract

Ratio Decidendi

The written order was the complete agreement; parol evidence of prior representations could not alter its terms; the respondents accepted the engine and by paying a promissory note without protest and not returning the engine they waived any right of rescission, so the vendor was entitled to recover the purchase price.

Court Disposition

Appeal allowed; judgment of the Court of Appeal reversed; action of appellant maintained; respondents' plea and counterclaim dismissed.

Orders

  • Appeal allowed with costs throughout
  • Judgment of the Court of Appeal reversed