Thomson v. Matheson

Thomson v. Matheson

The contract did not require that the inspector be agreed upon before inspection began; an inspector who inspects and is agreed upon by the parties at any time before the inspection is completed satisfies the contractual provision, and the inspector's certificate is final and binding; the trial judge's finding that such agreement occurred was supported by evidence and must be restored.

Citation
(1900) 30 SCR 357
Parties
Appellant/defendant: Robert Thomson & Co.; Respondent/plaintiff: John A. Matheson & Bro.; Respondent/plaintiff: Henry Wineman, the Younger
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Contract / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal allowed with costs; judgment of trial judge restored
Legal Topics
Inspection Clause, Agreement on Inspector, Finality of Inspection, Contract Formation
Source Language
English
Contract Sale of Goods Commercial Law Inspection Clause Agreement on Inspector Finality of Inspection Contract Formation

Case Brief

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Parties

Robert Thomson & Co.

Appellant/defendant

John A. Matheson & Bro.

Respondent/plaintiff

Henry Wineman, the Younger

Respondent/plaintiff

Procedural Posture

Contract / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the parties were required to agree upon an inspector before any inspection began
  2. 2 Whether agreement upon an inspector made during the course of inspection but before its completion satisfies the contract clause
  3. 3 Whether the inspector's certificate was final and binding on the parties

Ratio Decidendi

The contract did not require that the inspector be agreed upon before inspection began; an inspector who inspects and is agreed upon by the parties at any time before the inspection is completed satisfies the contractual provision, and the inspector's certificate is final and binding; the trial judge's finding that such agreement occurred was supported by evidence and must be restored.

Court Disposition

Appeal allowed with costs; judgment of trial judge restored

Orders

  • Appeal allowed with costs
  • Judgment of the trial judge restored