Leonard & Sons v. Kremer

Leonard & Sons v. Kremer

The Court held that the exemption clause did not wholly absolve the sellers; liability depends on whether inability to deliver at the time stated or causative breach is proved. On the facts some delay/damage was attributable to the sellers while the sellers were nonetheless entitled to recover the contract price less the respondent's proven damages; accordingly the appeal was allowed in part and mutual awards ordered.

Citation
(1913) 48 SCR 518
Parties
Appellant / Seller: Leonard & Sons; Respondent / Buyer: Kremer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 April 1913
Procedural Posture
Sale of Goods / Contract / Appeal to the Supreme Court of Canada From Supreme Court of Alberta
Outcome
Appeal allowed in part; judgment of the Supreme Court of Alberta set aside in part.
Legal Topics
Delay in Delivery, Construction of Agreement, Deficiencies in Machinery, Exemption Clause Applicability, Causation of Delay, Interpretation of 'on or About' Dates
Source Language
English
Sale of Goods Contract Law Damages Contract Interpretation Exemption Clauses Delay in Delivery Construction of Agreement Deficiencies in Machinery +3 more

Case Brief

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Parties

Leonard & Sons

Appellant / Seller

Kremer

Respondent / Buyer

Procedural Posture

Sale of Goods / Contract / Appeal to the Supreme Court of Canada From Supreme Court of Alberta

Legal Issues

  1. 1 Whether the exemption clause relieving the seller if 'unable to fill' or 'deliver the goods at the time stated' applied
  2. 2 Whether the sellers' failure to deliver certain parts caused the delay and consequent damages
  3. 3 How to construe timing language such as 'on or about' the stated date

Ratio Decidendi

The Court held that the exemption clause did not wholly absolve the sellers; liability depends on whether inability to deliver at the time stated or causative breach is proved. On the facts some delay/damage was attributable to the sellers while the sellers were nonetheless entitled to recover the contract price less the respondent's proven damages; accordingly the appeal was allowed in part and mutual awards ordered.

Court Disposition

Appeal allowed in part; judgment of the Supreme Court of Alberta set aside in part.

Orders

  • Appellants to recover $465.30 on their claim with interest from 28 February 1911 at 8% per annum on $444.
  • Defendant to recover $200 on his counterclaim.