Byers v. McMillan

Byers v. McMillan

Where credible evidence established a contemporaneous collateral parol agreement that did not contradict the written memorandum but provided security (a lien and power of sale) for payment of labor, such parol evidence is admissible and the agreement created a valid lien; the trial judge's finding of the oral agreement and consideration must be accepted and the appellate court was wrong to exclude the evidence.

Citation
(1887) 15 SCR 194
Parties
Appellant / Defendant Below: James Byers; Respondents / Plaintiffs Below: Daniel H. McMillan et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 December 1887
Procedural Posture
Replevin / Contract Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Manitoba; Final Judgment on Appeal
Outcome
Appeal allowed; judgment of Court of Queen's Bench reversed; judgment entered for appellant (Byers) with costs.
Legal Topics
Parol Evidence Rule, Collateral Agreement, Lien for Labor, Replevin, Statute of Frauds, Consideration for Collateral Agreements
Source Language
English
Contract Property Evidence Secured Transactions Procedural Law Parol Evidence Rule Collateral Agreement Lien for Labor +3 more

Case Brief

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Parties

James Byers

Appellant / Defendant Below

Daniel H. McMillan et al.

Respondents / Plaintiffs Below

Procedural Posture

Replevin / Contract Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Manitoba; Final Judgment on Appeal

Legal Issues

  1. 1 Whether contemporaneous verbal collateral agreement granting a lien on produced chattels is admissible despite a written contract
  2. 2 Whether the verbal agreement created a valid lien (and power of sale) in favour of the laborer
  3. 3 Whether there was consideration for the collateral parol agreement

Ratio Decidendi

Where credible evidence established a contemporaneous collateral parol agreement that did not contradict the written memorandum but provided security (a lien and power of sale) for payment of labor, such parol evidence is admissible and the agreement created a valid lien; the trial judge's finding of the oral agreement and consideration must be accepted and the appellate court was wrong to exclude the evidence.

Court Disposition

Appeal allowed; judgment of Court of Queen's Bench reversed; judgment entered for appellant (Byers) with costs.

Orders

  • Appeal allowed
  • Judgment entered for appellant (James Byers) with costs