Phelps v. McLachlin

Phelps v. McLachlin

The proper construction of the contract requires payment thirty days from the receipt of the invoice or, where logs have been in shipping condition for a month, thirty days from receipt of the seller's estimate; the buyer was obliged to supply cars and the seller to load; because both parties misunderstood their contractual rights and the seller bore the onus of proving poles had been in shipping condition for a month (a finding not made), no judgment could properly be entered for either party.

Citation
(1905) 35 SCR 482
Parties
Appellant / Plaintiff: Walter Phelps; Respondent / Defendant: H.F. McLachlin; Respondent / Defendant: Claude McLachlin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 January 1905
Procedural Posture
Contract (sale of Goods) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal allowed without costs.
Legal Topics
Specific Performance, Damages, Payment Terms, Contract Interpretation, Anticipatory Breach, Delivery Obligations
Source Language
English
Contract Sale of Goods Remedies Specific Performance Damages Payment Terms Contract Interpretation Anticipatory Breach +1 more

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Parties

Walter Phelps

Appellant / Plaintiff

H.F. McLachlin

Respondent / Defendant

Claude McLachlin

Respondent / Defendant

Procedural Posture

Contract (sale of Goods) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 When payment becomes due for poles left at Arnprior under the written contract
  2. 2 Whether seller could refuse delivery of poles without payment
  3. 3 Whether buyer was entitled to specific performance or damages for alleged refusal to deliver

Ratio Decidendi

The proper construction of the contract requires payment thirty days from the receipt of the invoice or, where logs have been in shipping condition for a month, thirty days from receipt of the seller's estimate; the buyer was obliged to supply cars and the seller to load; because both parties misunderstood their contractual rights and the seller bore the onus of proving poles had been in shipping condition for a month (a finding not made), no judgment could properly be entered for either party.

Court Disposition

Appeal allowed without costs.

Orders

  • Appeal allowed without costs.