Frigidaire Corporation v. Malone

Frigidaire Corporation v. Malone

Because the respondent acquired possession and title in good faith from the general contractor who, in the ordinary course of its commercial building business, supplied and installed the apparatus, the statutory protection of article 2268 C.C. (including the phrase 'in commercial matters generally') bars the appellant’s revendication; consequently the appellant has no right to reclaim the installed apparatus from the bona fide possessor.

Citation
[1934] SCR 121
Parties
Plaintiff/appellant: Frigidaire Corporation; Defendant/respondent: Johanna Malone
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1934
Procedural Posture
Sale/property Dispute / Appeal to the Supreme Court of Canada From the Court of King’s Bench, Province of Quebec
Outcome
Appeal dismissed; judgment of the Court of King’s Bench affirmed
Legal Topics
Conditional Sale, Revendication, Good Faith Possession, Incorporation of Movables Into Immovables, Statutory Interpretation of Article 2268 C.c.
Source Language
English
Sale Property Commercial Law Contract Conditional Sale Revendication Good Faith Possession Incorporation of Movables Into Immovables +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Frigidaire Corporation

Plaintiff/appellant

Johanna Malone

Defendant/respondent

Procedural Posture

Sale/property Dispute / Appeal to the Supreme Court of Canada From the Court of King’s Bench, Province of Quebec

Legal Issues

  1. 1 Whether vendor under conditional sale retained right to revendicate cooling apparatus installed in purchaser's client’s building
  2. 2 Whether article 2268 C.C. bars revendication where owner acquired possession in good faith from a contractor in the ordinary course of commercial construction
  3. 3 Whether the goods had become immovables by incorporation and effect on revendication

Ratio Decidendi

Because the respondent acquired possession and title in good faith from the general contractor who, in the ordinary course of its commercial building business, supplied and installed the apparatus, the statutory protection of article 2268 C.C. (including the phrase 'in commercial matters generally') bars the appellant’s revendication; consequently the appellant has no right to reclaim the installed apparatus from the bona fide possessor.

Court Disposition

Appeal dismissed; judgment of the Court of King’s Bench affirmed

Orders

  • Appeal dismissed with costs