Hall v. Knox
The Supreme Court allowed the appeal, restored the trial judge's decision and held that the appellants were justified in repudiating the contract; accordingly the respondents' action was properly dismissed.
Source-derived case information.
- Citation
- [1928] SCR 87
- Parties
- Appellant: Hall; Respondent: Knox
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 31 October 1927
- Procedural Posture
- Contract / Appeal to Supreme Court of Canada (final)
- Outcome
- Appeal allowed; judgment of trial judge restored; respondents' action dismissed.
- Legal Topics
- Repudiation, Damages, Measure of Damages, Sale of Timber Limits, Contract by Correspondence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hall
Appellant
Knox
Respondent
Procedural Posture
Contract / Appeal to Supreme Court of Canada (final)
Legal Issues
- 1 Whether the appellants were justified in repudiating the contract
- 2 Whether the respondents were entitled to damages for alleged repudiation
- 3 Proper measure of damages for breach or repudiation of a contract relating to sale of timber limits
Ratio Decidendi
The Supreme Court allowed the appeal, restored the trial judge's decision and held that the appellants were justified in repudiating the contract; accordingly the respondents' action was properly dismissed.
Court Disposition
Appeal allowed; judgment of trial judge restored; respondents' action dismissed.
Orders
- Appeal allowed with costs
- Judgment of trial judge (Macdonald J.) restored
Full Case Text
Judgment text and source record
1 paragraphs
Hall v. Knox Collection Supreme Court Judgments Date 1927-10-31 Report [1928] SCR 87 Judges Anglin, Francis Alexander; Mignault, Pierre-Basile; Newcombe, Edmund Leslie; Rinfret, Thibaudeau; Smith, Robert On appeal from British Columbia Subjects Contract Decision Content Supreme Court of Canada Hall v. Knox, [1928] S.C.R. 87 Date: 1927-10-31 Hall v. Knox 1927: October 6, 7; 1927: October 31. Present: Anglin C.J.C., Mignault, Newcombe, Rinfret and Smith JJ. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA Contract—Arrangement for selecting, cruising and checking timber berths—Repudiation—Damages—Measure of. APPEAL from the decision of the Court of Appeal for British Columbia[1], reversing the judgment of the trial judge, Macdonald J., and maintaining the respondents' action. The respondents brought an action in damages against the appellants based on the alleged repudiation by the latter of a contract by correspondence in relation with the sale of timber limits in British Columbia. The trial judge dismissed the action, holding that the appellants were in the circumstances of the case justified in repudiating the contract; but this judgment was reversed by the Court of Appeal. The appeal to the Supreme Court of Canada was allowed with costs and the judgment of the trial judge was restored. Appeal allowed with costs. I. F. Hellmuth K.C. and W. F. Johnson for the appellant. D. L. McCarthy K.C. for the respondent. [1] (1927) 38 B.C. Rep. 348.