International Business Machines Co., Ltd. v. Guelph Board of Education

International Business Machines Co., Ltd. v. Guelph Board of Education

Delivery of the clocks to Grinyer was delivery to a trader for the purpose of resale under s.3(3) and Grinyer resold the goods in the ordinary course of his business under s.3(4), so property vested in the defendant and the plaintiff could not recover.

Citation
[1928] SCR 200
Parties
Plaintiff/appellant: International Business Machines Co., Ltd.; Defendant/respondent: The Board of Education for The City of Guelph
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 March 1928
Procedural Posture
Civil Appeal / Supreme Court of Canada Judgment on Appeal From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed
Legal Topics
Conditional Sale, Resale, Title Vesting, Statutory Interpretation
Source Language
English
Sale Commercial Law Contract Property Conditional Sale Resale Title Vesting Statutory Interpretation

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Parties

International Business Machines Co., Ltd.

Plaintiff/appellant

The Board of Education for The City of Guelph

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court of Canada Judgment on Appeal From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether delivery to a dealer who purchased under a conditional sale and shipped goods direct to the purchaser constitutes delivery to a trader 'for the purpose of resale' under s.3(3) of the Conditional Sales Act
  2. 2 Whether the subsequent installation and payment by the defendant constituted a 'resale in the ordinary course of his business' under s.3(4) so as to vest property in the defendant despite an unfiled conditional sale agreement
  3. 3 Whether the appellant could repossess goods or recover their value despite statutory provisions rendering retention of title invalid in these circumstances

Ratio Decidendi

Delivery of the clocks to Grinyer was delivery to a trader for the purpose of resale under s.3(3) and Grinyer resold the goods in the ordinary course of his business under s.3(4), so property vested in the defendant and the plaintiff could not recover.

Court Disposition

Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed

Orders

  • Appeal dismissed with costs