Canada Law Book Co. v. Boston Book Co

Canada Law Book Co. v. Boston Book Co

The prospectus was part of the contract and the description '150 volumes more or less' formed part of the contracted description of the goods; because the extent of the work was ascertainable within narrow limits the phrase 'more or less' permitted only a reasonable, slight departure; the excess of about forty volumes amounted to a breach entitling the purchaser to damages and to set off or counterclaim now; appeal allowed and matters referred to ascertain damages and balances.

Citation
(1922) 64 SCR 182
Parties
Appellant/defendant: Canada Law Book Company; Respondent/plaintiff: Boston Book Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1922
Procedural Posture
Contract (sale of Goods) / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Ontario; Judgment on Appeal
Outcome
Appeal allowed with costs; judgment of Appellate Division reversed in part; matter remitted for assessment and further directions
Legal Topics
Construction of Contract, Warranty, Representation, Prospectus as Part of Contract, Measure of Damages, Specific Performance, Set Off/counterclaim
Source Language
English
Contract Sale of Goods Construction of Contract Warranty Representation Prospectus as Part of Contract Measure of Damages Specific Performance +1 more

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Parties

Canada Law Book Company

Appellant/defendant

Boston Book Company

Respondent/plaintiff

Procedural Posture

Contract (sale of Goods) / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether the phrase '150 volumes more or less' was an estimate or part of the contractual description of the subject-matter
  2. 2 Whether the prospectus furnished by the original publisher formed part of the contract between the parties and created contractual obligations
  3. 3 Whether deficient pagination and the number of additional volumes constituted breach entitling purchaser to damages

Ratio Decidendi

The prospectus was part of the contract and the description '150 volumes more or less' formed part of the contracted description of the goods; because the extent of the work was ascertainable within narrow limits the phrase 'more or less' permitted only a reasonable, slight departure; the excess of about forty volumes amounted to a breach entitling the purchaser to damages and to set off or counterclaim now; appeal allowed and matters referred to ascertain damages and balances.

Court Disposition

Appeal allowed with costs; judgment of Appellate Division reversed in part; matter remitted for assessment and further directions

Orders

  • Appeal allowed with costs in this Court and in the Appellate Division
  • Reference to the master to ascertain balance of purchase money due to plaintiff and amount of defendant’s damages and the balance due either party after set-off