St. George Pulp and Paper Co. v. Rose

St. George Pulp and Paper Co. v. Rose

The Supreme Court affirmed the lower courts' conclusion that the plaintiff was entitled to measurement by full scaling of the logs and that chapter 96 R.S.N.B. did not limit that contractual measurement, and therefore dismissed the appeal with costs.

Citation
(1906) 37 SCR 687
Parties
Appellant (defendant): St. George Pulp and Paper Co.; Respondent (plaintiff): Frederic E. Rose
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 May 1906
Procedural Posture
Civil Appeal (contract) / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick; Judgment Reserved and Appeal Dismissed With Costs
Outcome
Appeal dismissed with costs
Legal Topics
Sale of Pulp Wood, Measurement of Timber, Scaling of Logs, Statutory Interpretation
Source Language
English
Contract Sale of Pulp Wood Measurement of Timber Scaling of Logs Statutory Interpretation

Case Brief

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Parties

St. George Pulp and Paper Co.

Appellant (defendant)

Frederic E. Rose

Respondent (plaintiff)

Procedural Posture

Civil Appeal (contract) / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick; Judgment Reserved and Appeal Dismissed With Costs

Legal Issues

  1. 1 Whether measurement of delivered pulp wood is to be by full scaling of the logs or limited by the provisions of chapter 96, R.S. N.B.
  2. 2 Whether the trial court erred in refusing a rule for reduction of the verdict or for a new trial

Ratio Decidendi

The Supreme Court affirmed the lower courts' conclusion that the plaintiff was entitled to measurement by full scaling of the logs and that chapter 96 R.S.N.B. did not limit that contractual measurement, and therefore dismissed the appeal with costs.

Court Disposition

Appeal dismissed with costs

Orders

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