Simard v. Roy

Simard v. Roy

Where a contract for the sale specifies the source or lots from which goods are to be taken and the seller delivers all the wood that existed on those lots, the seller has fulfilled the contractual obligation so far as those lots are concerned; the buyer is not entitled to the larger claimed damages and the lower court's reduced award (574.69) stands.

Citation
[1928] SCR 328
Parties
Plaintiff/appellant: Simard; Defendant/respondent: Roy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 February 1928
Procedural Posture
Civil Appeal (sale of Goods / Breach of Contract) / Final Appeal to Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench awarding $574.69 to plaintiff maintained.
Legal Topics
Quantity Uncertainty, Place of Delivery, Seller's Obligation to Deliver Specified Goods, Measure of Damages for Breach
Source Language
English
Contract Law Sale of Goods Civil Damages Quebec Civil Code Interpretation Quantity Uncertainty Place of Delivery Seller's Obligation to Deliver Specified Goods Measure of Damages for Breach

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Parties

Simard

Plaintiff/appellant

Roy

Defendant/respondent

Procedural Posture

Civil Appeal (sale of Goods / Breach of Contract) / Final Appeal to Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether seller was obliged to deliver the contracted quantity when contract fixed the source (lots) rather than precise quantity at location
  2. 2 Whether delivery of all wood located on the specified lots satisfies the seller's contractual obligation
  3. 3 Proper measure of damages for any shortfall

Ratio Decidendi

Where a contract for the sale specifies the source or lots from which goods are to be taken and the seller delivers all the wood that existed on those lots, the seller has fulfilled the contractual obligation so far as those lots are concerned; the buyer is not entitled to the larger claimed damages and the lower court's reduced award (574.69) stands.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench awarding $574.69 to plaintiff maintained.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench (Quebec) awarding $574.69 to the plaintiff upheld