Kearney v. Letellier

Kearney v. Letellier

Retention and execution of an invoice by a merchant without timely objection creates a rebuttable presumption that the invoice accurately states the agreed price; where the trial evidence does not convincingly rebut that presumption, the appellate court must uphold the trial judgment establishing the invoice price...

Source-derived case information.

Citation
(1897) 27 SCR 1
Parties
Appellant / Plaintiff: Peter Kearney; Respondent / Defendant: Alphonse Letellier
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 January 1897
Procedural Posture
Contract / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada
Outcome
Appeal allowed by majority; judgment of Court of Queen's Bench reversed and judgment of Superior Court in favour of plaintiff reinstated; costs to appellant.
Legal Topics
Sale by Sample, Invoice Objections, Presumption of Acceptance, Reasonable Time for Objection, Acquiescence
Source Language
english
Contract Commercial Law Evidence Sale by Sample Invoice Objections Presumption of Acceptance Reasonable Time for Objection Acquiescence

Source-derived case record

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Parties

Peter Kearney

Appellant / Plaintiff

Alphonse Letellier

Respondent / Defendant

Procedural Posture

Contract / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Lower Canada

Legal Issues

  1. 1 Whether retention of an invoice without timely objection creates a presumption that the invoice price was agreed upon
  2. 2 Whether the evidence at trial sufficiently rebutted that presumption
  3. 3 Whether an appellate court should overturn findings of primary fact on conflicting testimony

Ratio Decidendi

Retention and execution of an invoice by a merchant without timely objection creates a rebuttable presumption that the invoice accurately states the agreed price; where the trial evidence does not convincingly rebut that presumption, the appellate court must uphold the trial judgment establishing the invoice price as the contract price.

Court Disposition

Appeal allowed by majority; judgment of Court of Queen's Bench reversed and judgment of Superior Court in favour of plaintiff reinstated; costs to appellant.

Orders

  • Appeal allowed with costs.
  • Judgment of the Court of Queen's Bench for Lower Canada reversed.