Clarke v. White

Clarke v. White

The written contract sold 'good merchantable waney-edged timber' and the qualifying words 'suitable for his purpose' did not convert the sale into first-class timber only; evidence showed sufficient merchantable timber remained to satisfy the $1,000 payment, there was no rescission, and on equitable grounds the plaintiff was not entitled to recover any part of the payment; appeal dismissed.

Citation
(1879) 3 SCR 309
Parties
Plaintiff/appellant: Hugh Clarke; Defendant/respondent: Trueman P. White
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 May 1879
Procedural Posture
Civil Appeal (sale of Timber; Money Had and Received) / Decision on Appeal to the Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of Court of Appeal for Ontario affirmed.
Legal Topics
Construction of Contract, Parol Evidence Rule, Failure of Consideration, Rescission, Money Had and Received, Pre Contractual Representations/misrepresentation
Source Language
English
Contract Sale of Goods/timber Property Equity Construction of Contract Parol Evidence Rule Failure of Consideration Rescission +2 more

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Parties

Hugh Clarke

Plaintiff/appellant

Trueman P. White

Defendant/respondent

Procedural Posture

Civil Appeal (sale of Timber; Money Had and Received) / Decision on Appeal to the Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 What is the proper construction of the phrase 'good merchantable waney-edged timber, suitable for his purpose'?
  2. 2 Whether there was a failure of consideration entitling plaintiff to recover part of the purchase money
  3. 3 Whether the contract was rescinded

Ratio Decidendi

The written contract sold 'good merchantable waney-edged timber' and the qualifying words 'suitable for his purpose' did not convert the sale into first-class timber only; evidence showed sufficient merchantable timber remained to satisfy the $1,000 payment, there was no rescission, and on equitable grounds the plaintiff was not entitled to recover any part of the payment; appeal dismissed.

Court Disposition

Appeal dismissed; judgment of Court of Appeal for Ontario affirmed.

Orders

  • Appeal dismissed with costs