Grace and Company v. Perras

Grace and Company v. Perras

The court found on the facts that appellant did not prove a contract for 5,400 sides; the confirming letter received only by the respondent's employee and not brought to the principal's attention did not, by silence alone, establish assent; the English doctrine of estoppel is not part of Quebec law, and therefore the appeal was dismissed and the lower court judgment affirmed with costs.

Citation
(1921) 62 SCR 166
Parties
Appellant (plaintiff): Grace and Company; Respondent (defendant): C. E. Perras
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1921
Procedural Posture
Collection / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs.
Legal Topics
Verbal Contract, Silence as Acceptance, Estoppel, Parol Evidence, Proof of Quantity, Quebec Civil Code Provisions
Source Language
English
Sale Contract Commercial Law Civil Law (quebec) Evidence Verbal Contract Silence as Acceptance Estoppel +3 more

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Parties

Grace and Company

Appellant (plaintiff)

C. E. Perras

Respondent (defendant)

Procedural Posture

Collection / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether silence in response to a letter confirming terms of a verbal commercial negotiation constitutes assent to the contract
  2. 2 Whether the English/common law doctrine of estoppel forms part of the law of Quebec
  3. 3 Whether the appellant proved a contract to sell 5,400 sides rather than 1,200 sides

Ratio Decidendi

The court found on the facts that appellant did not prove a contract for 5,400 sides; the confirming letter received only by the respondent's employee and not brought to the principal's attention did not, by silence alone, establish assent; the English doctrine of estoppel is not part of Quebec law, and therefore the appeal was dismissed and the lower court judgment affirmed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of King's Bench, Province of Quebec affirmed.