Great Northern Railway Co. of Canada v. Furness, Withy & Co.

Great Northern Railway Co. of Canada v. Furness, Withy & Co.

The appellants were liable for the difference between Quebec and Montreal freight rates but only to the extent of forty per cent of the cargo in accordance with the parties' letter of 3 February 1903; the judgment was reduced by $533.25 and the remainder confirmed without costs.

Citation
(1908) 42 SCR 234
Parties
Appellant / Defendant: Great Northern Railway Co. of Canada; Respondent / Plaintiff: Furness, Withy & Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 February 1909
Procedural Posture
Contract / Appeal to Supreme Court of Canada From Court of King's Bench (quebec)
Outcome
Judgment appealed from varied and confirmed in part; appeal dismissed.
Legal Topics
Traffic Agreement, Freight Rates, Vis Major, Construction of Contract, Failure to Procure Cargo
Source Language
English
Contract Commercial Law Maritime Law Damages Traffic Agreement Freight Rates Vis Major Construction of Contract +1 more

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Parties

Great Northern Railway Co. of Canada

Appellant / Defendant

Furness, Withy & Co.

Respondent / Plaintiff

Procedural Posture

Contract / Appeal to Supreme Court of Canada From Court of King's Bench (quebec)

Legal Issues

  1. 1 Whether defendants breached contract to procure cargoes and Montreal freight rates
  2. 2 Whether defendants liable for difference between Quebec and Montreal rates
  3. 3 Whether defendants liable for 60,000 cubic feet of unfilled space

Ratio Decidendi

The appellants were liable for the difference between Quebec and Montreal freight rates but only to the extent of forty per cent of the cargo in accordance with the parties' letter of 3 February 1903; the judgment was reduced by $533.25 and the remainder confirmed without costs.

Court Disposition

Judgment appealed from varied and confirmed in part; appeal dismissed.

Orders

  • Judgment reduced by $533.25 pursuant to the letter of 3 February 1903
  • Reduced judgment confirmed without costs