Van Dyke Co. v. Laurentide Co.

Van Dyke Co. v. Laurentide Co.

The majority held that the subject matter was the appellant's entire 1920 cut of rough pulpwood and that the words "about 4,000 cords" were an estimate of quantity only; therefore the buyer was bound to accept the excess beyond the estimate subject to adjustments for wood purchased from third parties and precise quantification of undelivered stock.

Citation
[1924] SCR 294
Parties
Appellant / Plaintiff: T. H. Van Dyke Company; Respondent / Defendant: The Laurentide Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 April 1924
Procedural Posture
Civil: Contract (sale of Goods Pulpwood) / Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed with costs; judgment of the Court of King's Bench reversed; trial judgment set aside.
Legal Topics
Contract Interpretation, Quantity Estimates Vs Warranties, Prior Dealings in Contract Interpretation
Source Language
English
Contract Sale of Goods Commercial Law Contract Interpretation Quantity Estimates Vs Warranties Prior Dealings in Contract Interpretation

Case Brief

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Parties

T. H. Van Dyke Company

Appellant / Plaintiff

The Laurentide Company

Respondent / Defendant

Procedural Posture

Civil: Contract (sale of Goods Pulpwood) / Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the phrase "about 4,000 cords" qualified the subject matter and limited the buyer's obligation to that quantity
  2. 2 Whether the sale was of the entire 1920 cut of pulpwood or of an estimated quantity
  3. 3 Whether words of estimate operate as a warranty or mere estimate in commercial contracts

Ratio Decidendi

The majority held that the subject matter was the appellant's entire 1920 cut of rough pulpwood and that the words "about 4,000 cords" were an estimate of quantity only; therefore the buyer was bound to accept the excess beyond the estimate subject to adjustments for wood purchased from third parties and precise quantification of undelivered stock.

Court Disposition

Appeal allowed with costs; judgment of the Court of King's Bench reversed; trial judgment set aside.

Orders

  • Appeal allowed with costs in this Court and in the Court of Appeal
  • Judgment of the Court of King's Bench (Q.R. 34 K.B. 565) reversed and trial judge's decision set aside