Nolan v. Emerson-Brantingham Implement Co.

Nolan v. Emerson-Brantingham Implement Co.

Appeal allowed in part: appellate court affirmed disallowance of freight, increased damages to $4,910.20; where buyer has been awarded the full purchase price for specific tractors the seller is entitled to retake those tractors still in buyer's control and the buyer must account for net proceeds of any disposed tractors.

Citation
(1920) 60 SCR 662
Parties
Appellant: Nolan; Respondent: Emerson-Brantingham Implement Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 November 1920
Procedural Posture
Appeal — Sale of Goods / Statutory Warranty Dispute / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal allowed with costs; judgment of Appellate Division affirmed in part and varied to increase damages to $4,910.20; seller permitted to retake tractors for which full purchase price was returned or to be accounted for proceeds.
Legal Topics
Statutory Warranties, Rescission, Damages, Return of Goods, Quantum of Damages
Source Language
English
Sale of Goods Contract Law Remedies Statutory Warranties Rescission Damages Return of Goods Quantum of Damages

Case Brief

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Parties

Nolan

Appellant

Emerson-Brantingham Implement Co.

Respondent

Procedural Posture

Appeal — Sale of Goods / Statutory Warranty Dispute / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether buyer was entitled to rescind for breach of statutory warranties
  2. 2 If rescission not available, proper measure and quantum of damages
  3. 3 Whether buyer must return goods when awarded full purchase price as damages

Ratio Decidendi

Appeal allowed in part: appellate court affirmed disallowance of freight, increased damages to $4,910.20; where buyer has been awarded the full purchase price for specific tractors the seller is entitled to retake those tractors still in buyer's control and the buyer must account for net proceeds of any disposed tractors.

Court Disposition

Appeal allowed with costs; judgment of Appellate Division affirmed in part and varied to increase damages to $4,910.20; seller permitted to retake tractors for which full purchase price was returned or to be accounted for proceeds.

Orders

  • Appeal allowed with costs to the appellant.
  • Damages awarded in favour of appellant increased to 4910.20 CAD.