Grossman v. Barrett

Grossman v. Barrett

Purchaser is in good faith under art.1489 C.C. if he honestly believes the vendor is owner; the respondents purchased the car in good faith from a trader dealing in similar articles (Robinson Motor Car Co.), therefore appellant cannot revendicate the stolen car without first reimbursing the purchase price paid by...

Source-derived case information.

Citation
[1926] SCR 129
Parties
Appellant/plaintiff: L. O. Grossman; Respondent/defendant: L. E. Barrett; Respondent/defendant: Prudential Coal Company, Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 December 1925
Procedural Posture
Revendication (action to Recover Stolen Property) / Appeal — Judgment of Supreme Court of Canada on Appeal From Court of King’s Bench, Quebec
Outcome
Appeal dismissed with costs; dismissal without prejudice to appellant's right to revendicate upon reimbursing the price paid by respondents.
Legal Topics
Good Faith Purchaser, Stolen Goods, Revindication, Article 1489 C.c.
Source Language
english
Property Sale Civil Procedure Prescription Good Faith Purchaser Stolen Goods Revindication Article 1489 C.c.

Source-derived case record

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Parties

L. O. Grossman

Appellant/plaintiff

L. E. Barrett

Respondent/defendant

Prudential Coal Company, Ltd.

Respondent/defendant

Procedural Posture

Revendication (action to Recover Stolen Property) / Appeal — Judgment of Supreme Court of Canada on Appeal From Court of King’s Bench, Quebec

Legal Issues

  1. 1 Whether purchaser was a 'buyer in good faith' under art.1489 C.C.
  2. 2 Whether the vendor (Robinson Motor Car Co.) qualified as a trader dealing in similar articles
  3. 3 Whether owner could revendicate the stolen car without reimbursing purchaser under art.1489 and art.2268 C.C.

Ratio Decidendi

Purchaser is in good faith under art.1489 C.C. if he honestly believes the vendor is owner; the respondents purchased the car in good faith from a trader dealing in similar articles (Robinson Motor Car Co.), therefore appellant cannot revendicate the stolen car without first reimbursing the purchase price paid by respondents; appeal dismissed.

Court Disposition

Appeal dismissed with costs; dismissal without prejudice to appellant's right to revendicate upon reimbursing the price paid by respondents.

Orders

  • Appeal dismissed with costs.
  • Dismissal without prejudice to appellant's right to revendicate the car on reimbursing the price paid by the respondents.