Coffin v. Gillies

Coffin v. Gillies

The majority construed the contractual description to require that the two foxes to be delivered must have parentage reflecting both the Dalton and the Oulton stock (i.e. the pair must collectively contain the blood of both specified purchases); because the Oulton litter died and no offspring meeting that description existed, the vendor was relieved under the contract's clause for unforeseen accident and could not be compelled to deliver two pure Dalton foxes. The appeal is dismissed.

Citation
(1915) 51 SCR 539
Parties
Appellant/plaintiff: E.S. Coffin; Respondent/defendant: James R. Gillies
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1915
Procedural Posture
Contract / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario (on Appeal From Trial Court)
Outcome
Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed; costs to respondent.
Legal Topics
Contract Interpretation, Sale of Goods, Sale of Animals (foxes), Breach of Contract, Impossibility/frustration, Damages
Source Language
English
Contract Contract Interpretation Sale of Goods Sale of Animals (foxes) Breach of Contract Impossibility/frustration Damages

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Parties

E.S. Coffin

Appellant/plaintiff

James R. Gillies

Respondent/defendant

Procedural Posture

Contract / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario (on Appeal From Trial Court)

Legal Issues

  1. 1 Whether the phrase 'offspring of certain foxes purchased by the vendor from Charles Dalton and W.R. Oulton' requires that the two foxes contain blood from both Dalton and Oulton strains
  2. 2 Whether delivery of two foxes from the Dalton litter alone satisfies the contractual description
  3. 3 Whether the vendor was relieved from performance under clause 4 due to the unforeseen death of the Oulton litter (impossibility/accident)

Ratio Decidendi

The majority construed the contractual description to require that the two foxes to be delivered must have parentage reflecting both the Dalton and the Oulton stock (i.e. the pair must collectively contain the blood of both specified purchases); because the Oulton litter died and no offspring meeting that description existed, the vendor was relieved under the contract's clause for unforeseen accident and could not be compelled to deliver two pure Dalton foxes. The appeal is dismissed.

Court Disposition

Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Ontario affirmed; costs to respondent.

Orders

  • Appeal dismissed with costs
  • Action dismissed and Appellate Division judgment restored