Ferring v. Tarrabain

Ferring v. Tarrabain

The Supreme Court dismissed the appeal, thereby upholding the Appellate Division's conclusion that the building did not meet the contractual specification and that the respondent was entitled to judgment and costs.

Citation
(1918) 59 SCR 670
Parties
Appellant (defendant): Ferring; Respondent (plaintiff): Tarrabain
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 March 1918
Procedural Posture
Appeal / Appeal to Supreme Court of Canada (final Decision)
Outcome
Appeal dismissed with costs
Legal Topics
Lease, Agreement to Build Suitable House, Damages, Cancellation of Lease
Source Language
English
Landlord and Tenant Contract Lease Agreement to Build Suitable House Damages Cancellation of Lease

Case Brief

Summary, issues, holding and outcome

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Parties

Ferring

Appellant (defendant)

Tarrabain

Respondent (plaintiff)

Procedural Posture

Appeal / Appeal to Supreme Court of Canada (final Decision)

Legal Issues

  1. 1 Whether the building delivered was the building called for by the agreement and lease
  2. 2 Whether the respondent was entitled to a declaration that the building did not conform to the lease
  3. 3 Whether the respondent was entitled to damages and/or cancellation of the lease

Ratio Decidendi

The Supreme Court dismissed the appeal, thereby upholding the Appellate Division's conclusion that the building did not meet the contractual specification and that the respondent was entitled to judgment and costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.