Periard v. Bergeron

Periard v. Bergeron

Majority held that the purchasers' consent to closing the inventory with prices derived from private markings and the parties' conduct at stocktaking amounted to satisfactory proof and waiver of production of invoices, thereby fulfilling the contract and making the defendants' subsequent refusal a breach entitling...

Source-derived case information.

Citation
(1912) 47 SCR 289
Parties
Appellant: S. E. Periard; Respondent: Noah Bergeron; Respondent: W. Rickson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 November 1912
Procedural Posture
Contract Sale of Goods / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal allowed; judgment of the Court of Appeal for British Columbia reversed (majority); case remitted for assessment of plaintiff's damages.
Legal Topics
Condition as to Prices, Lost Invoices, Secondary Evidence, Waiver, Breach of Contract, Damages, Inventory Valuation, Invoice Production
Source Language
english
Contract Sale of Goods Evidence Condition as to Prices Lost Invoices Secondary Evidence Waiver Breach of Contract +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

S. E. Periard

Appellant

Noah Bergeron

Respondent

W. Rickson

Respondent

Procedural Posture

Contract Sale of Goods / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether production of original invoices was a condition precedent to completion of the sale
  2. 2 Whether parties waived the requirement to produce invoices by consenting to inventory prices derived from private markings
  3. 3 Whether inventory prices based on unverified statements constituted fulfilment of the agreement

Ratio Decidendi

Majority held that the purchasers' consent to closing the inventory with prices derived from private markings and the parties' conduct at stocktaking amounted to satisfactory proof and waiver of production of invoices, thereby fulfilling the contract and making the defendants' subsequent refusal a breach entitling the plaintiff to damages (dissent held the opposite).

Court Disposition

Appeal allowed; judgment of the Court of Appeal for British Columbia reversed (majority); case remitted for assessment of plaintiff's damages.

Orders

  • Appeal allowed
  • Judgment of the Court of Appeal for British Columbia reversed