Dufort v. Dufresne

Dufort v. Dufresne

The written agreement was ambiguous; the parties' repeated annual settlements and subsequent conduct show they construed "bénéfices réalisés" to mean cash receipts realized during each year while the partnership existed. On that interpretation the appellant had no entitlement to a share of monies collected by the respondent after dissolution for work done during the partnership; therefore the appellant's claim fails and the appeal is dismissed.

Citation
[1923] SCR 126
Parties
Appellant / Plaintiff: C. L. Dufort; Respondent / Defendant: Marius Dufresne
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 November 1922
Procedural Posture
Appeal (civil) Contract / Partnership / On Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)
Outcome
Appeal dismissed with costs throughout.
Legal Topics
Dissolution, Division of Profits, Contract Interpretation, Accounting / Rendition of Accounts
Source Language
English
Contract Partnership Civil Law Dissolution Division of Profits Contract Interpretation Accounting / Rendition of Accounts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

C. L. Dufort

Appellant / Plaintiff

Marius Dufresne

Respondent / Defendant

Procedural Posture

Appeal (civil) Contract / Partnership / On Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec (appeal Side)

Legal Issues

  1. 1 Interpretation of ambiguous partnership agreement
  2. 2 Entitlement to share profits collected after dissolution for work performed during partnership
  3. 3 Whether the instrument constituted a partnership or a contract of services

Ratio Decidendi

The written agreement was ambiguous; the parties' repeated annual settlements and subsequent conduct show they construed "bénéfices réalisés" to mean cash receipts realized during each year while the partnership existed. On that interpretation the appellant had no entitlement to a share of monies collected by the respondent after dissolution for work done during the partnership; therefore the appellant's claim fails and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs throughout.

Orders

  • Appeal dismissed with costs throughout.