Porter v. Spinney

Porter v. Spinney

The court found on credibility that a binding contract existed between Porter and Spinney at $0.85 per pound; Spinney accepted delivery of the full load and failed to pay; defendants produced no credible evidence (photos, samples, witness testimony) to prove the goods were unfit, and there was no legal basis to hold R & K Murphy liable as principal, agent or partner, so judgment is entered against Spinney and claim against Murphy dismissed.

Citation
2017 NSSM 16
Parties
Claimant: Darren Porter; Defendant: Graham Spinney; Defendant: R & K Murphy Enterprises Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 March 2017
Procedural Posture
Small Claims Court / Decision (after Hearing)
Outcome
Judgment for Claimant against Defendant Graham Spinney; claim against Defendant R & K Murphy Enterprises Limited dismissed.
Legal Topics
Breach of Contract, Fitness for Purpose, Acceptance and Delivery, Agency by Estoppel, Prejudgment Interest and Costs
Source Language
English
Contract Sale of Goods Agency Partnership Commercial Law Breach of Contract Fitness for Purpose Acceptance and Delivery +2 more

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Parties

Darren Porter

Claimant

Graham Spinney

Defendant

R & K Murphy Enterprises Limited

Defendant

Procedural Posture

Small Claims Court / Decision (after Hearing)

Legal Issues

  1. 1 Whether the baitfish were of poor quality such as to defeat consideration or justify abatement
  2. 2 Whether R & K Murphy Enterprises Limited was a party to the contract as principal, agent or partner
  3. 3 Whether Spinney accepted delivery and became liable for the purchase price

Ratio Decidendi

The court found on credibility that a binding contract existed between Porter and Spinney at $0.85 per pound; Spinney accepted delivery of the full load and failed to pay; defendants produced no credible evidence (photos, samples, witness testimony) to prove the goods were unfit, and there was no legal basis to hold R & K Murphy liable as principal, agent or partner, so judgment is entered against Spinney and claim against Murphy dismissed.

Court Disposition

Judgment for Claimant against Defendant Graham Spinney; claim against Defendant R & K Murphy Enterprises Limited dismissed.

Orders

  • Judgment against Graham Spinney in favour of Darren Porter for principal $25,000.00
  • Prejudgment interest on $25,000 at 4% per annum from November 21, 2016 to date of judgment: $317.81