California Prune & Apricot Growers, Inc. v. Baird and Peters

California Prune & Apricot Growers, Inc. v. Baird and Peters

The notice to the seller given via its Canadian agent constituted valid routing instructions under the contract; routing/mode of shipment is an essential contractual term and the change from the instructed Canadian National Railway to Canadian Pacific Railway was a substantial breach entitling the buyer to reject and repudiate; therefore the seller's action for non‑acceptance was rightly dismissed.

Citation
[1926] SCR 208
Parties
Appellant / Plaintiff: California Prune & Apricot Growers, Inc.; Respondent / Defendant: Baird and Peters
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 December 1925
Procedural Posture
Contract (sale of Goods) / Agency / Appeal to Supreme Court of Canada From Appeal Division of the Supreme Court of New Brunswick
Outcome
Appeal dismissed; judgment of the Appeal Division of the Supreme Court of New Brunswick affirmed.
Legal Topics
Routing, Mode of Shipment, Conditions Precedent, Repudiation, Authority of Agent, Material Term
Source Language
English
Agency Contract Sale of Goods Routing Mode of Shipment Conditions Precedent Repudiation Authority of Agent +1 more

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Parties

California Prune & Apricot Growers, Inc.

Appellant / Plaintiff

Baird and Peters

Respondent / Defendant

Procedural Posture

Contract (sale of Goods) / Agency / Appeal to Supreme Court of Canada From Appeal Division of the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether routing instructions given to agent constituted routing given in manner contemplated by contract
  2. 2 Whether mode/route of shipment is a material/essential term of the contract
  3. 3 Whether failure to route via Canadian National Railway justified rejection and repudiation by buyer

Ratio Decidendi

The notice to the seller given via its Canadian agent constituted valid routing instructions under the contract; routing/mode of shipment is an essential contractual term and the change from the instructed Canadian National Railway to Canadian Pacific Railway was a substantial breach entitling the buyer to reject and repudiate; therefore the seller's action for non‑acceptance was rightly dismissed.

Court Disposition

Appeal dismissed; judgment of the Appeal Division of the Supreme Court of New Brunswick affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Appeal Division of the Supreme Court of New Brunswick affirmed