Rushton v. Misener

Rushton v. Misener

The Claimant repudiated the purchase agreement by ceasing payments, thereby terminating the contract; after accounting for payments made by and to the parties and previously awarded costs, the net sum owing to the Claimant is $1,626.57; the Defendant’s counterclaim is dismissed and costs are apportioned as ordered.

Citation
2008 NSSM 53
Parties
Claimant: WALTER RUSHTON, "DBA" Wiretech Security and Automation; Defendant: JOHN MISENER, "DBA" JRM Technical Services
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 March 2008
Procedural Posture
Small Claims Court / Decision (final)
Outcome
Claimant awarded $1,626.57; Counterclaim dismissed; costs apportioned.
Legal Topics
Repudiation, Breach of Contract, Specific Performance (alternative), Damages, Set Off/crediting, Costs
Source Language
English
Contract Law Property (sale of Business Assets) Civil Procedure Remedies Repudiation Breach of Contract Specific Performance (alternative) Damages +2 more

Case Brief

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Parties

WALTER RUSHTON, "DBA" Wiretech Security and Automation

Claimant

JOHN MISENER, "DBA" JRM Technical Services

Defendant

Procedural Posture

Small Claims Court / Decision (final)

Legal Issues

  1. 1 Whether the Claimant repudiated the purchase agreement by ceasing payments
  2. 2 Whether the Defendant continued to collect fees after the transfer of accounts
  3. 3 Proper accounting and credits between the parties

Ratio Decidendi

The Claimant repudiated the purchase agreement by ceasing payments, thereby terminating the contract; after accounting for payments made by and to the parties and previously awarded costs, the net sum owing to the Claimant is $1,626.57; the Defendant’s counterclaim is dismissed and costs are apportioned as ordered.

Court Disposition

Claimant awarded $1,626.57; Counterclaim dismissed; costs apportioned.

Orders

  • Defendant shall pay the Claimant the net sum of $1,626.57
  • Accounting and payment breakdown: +2362.93 (paid by Claimant on behalf of Defendant), +1150.00 (paid by Claimant to Defendant), -1903.80 (monies received on accounts by Claimant), -100.00 (previously awarded by court to Defendant), +170.44 (court costs of Claimant), -53.00 (court costs of Defendant on counterclaim)...