Allumettes de Drummondville v. Boivin

Allumettes de Drummondville v. Boivin

A redhibitory action is maintainable as to any part of the goods proved defective where sales are severable; the plaintiff may recover the price for the remaining defective cases if he is ready to return them upon reimbursement, and the sale of a small portion of the goods during the action does not bar rescission for the remainder provided the action is divisible and the plaintiff has not effectively renounced the claim for the remaining goods.

Citation
(1920) 60 SCR 553
Parties
Appellant/defendant: Les Allumettes De Drummondville, Limitee; Respondent/plaintiff: C. E. Boivin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1920
Procedural Posture
Sale Redhibitory (rescission) Action / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec; Judgment on Appeal Rendered
Outcome
Appeal dismissed; judgment of the Court of King's Bench affirmed.
Legal Topics
Rescission, Redhibition, Tender/offers, Partial Rescission, Severability of Sales, Remedies for Defective Goods
Source Language
English
Contract Law Sale of Goods Civil Procedure Quebec Civil Law Rescission Redhibition Tender/offers Partial Rescission +2 more

Case Brief

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Parties

Les Allumettes De Drummondville, Limitee

Appellant/defendant

C. E. Boivin

Respondent/plaintiff

Procedural Posture

Sale Redhibitory (rescission) Action / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec; Judgment on Appeal Rendered

Legal Issues

  1. 1 Whether a redhibitory action is maintainable as to part of the goods sold
  2. 2 Whether sale of part of the goods during the action defeats rescission for remaining goods
  3. 3 Whether the buyer's offer to return goods must precede suit or be formally tendered

Ratio Decidendi

A redhibitory action is maintainable as to any part of the goods proved defective where sales are severable; the plaintiff may recover the price for the remaining defective cases if he is ready to return them upon reimbursement, and the sale of a small portion of the goods during the action does not bar rescission for the remainder provided the action is divisible and the plaintiff has not effectively renounced the claim for the remaining goods.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs.
  • Rescission of sale granted as to 1,157 cases of matches; defendant to reimburse plaintiff $5,133.52 (with interest from service of the action) upon delivery of those 1,157 cases.