Grenier Motor Co. v. Bernier

The Court affirmed that an error as to the substance or essential qualities of the automobile fell within Arts. 992, 993 and 1530 C.C., entitling the purchaser to rescind the contract; accordingly the appeal was dismissed and the cancellation maintained.

Citation: [1928] SCR 86
Parties: Appellant: Grenier Motor Co.; Respondent: Bernier
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 20 October 1927
Procedural Posture: Appeal From Provincial Court Concerning Sale of Automobile / On Appeal to the Supreme Court of Canada; Final Judgment Delivered
Outcome: Appeal dismissed with costs; judgment of the Court of King's Bench upholding cancellation of the sale is affirmed.
Legal Topics: Rescission, Error as to Substance, Nullity of Sale, Automobile Purchase
Source Language: English

Contract Sale of Goods Civil Law Civil Code Rescission Error as to Substance Nullity of Sale Automobile Purchase

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Grenier Motor Co.

Appellant

Bernier

Respondent

Procedural Posture

Appeal From Provincial Court Concerning Sale of Automobile / On Appeal to the Supreme Court of Canada; Final Judgment Delivered

Legal Issues

1 Whether a sale may be annulled for error as to the substance or essential qualities of the thing sold
2 Application and scope of Arts. 992, 993 and 1530 of the Civil Code

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench upholding cancellation of the sale is affirmed.

Orders

Appeal dismissed
Costs to respondent