Supreme Court of Canada
Simard v. Roy, [1928] S.C.R. 328
Date: 1928-02-22
Simard v. Roy
1928: February 21; 1928: February 22.
Present: Anglin C.J.C. and Mignault, Rinfret, Lamont and Smith JJ.
Sale—Quantity not determined—Indication of the place where it is situated—Deficit—Obligation of seller—Breach of contract—Damages—Arts. 1065, 1073, 1074, 1544 C.C.
APPEAL by the plaintiff appellant from the decision of the Court of King’s Bench, appeal side, province of Quebec[1], varying the judgment of the Superior Court, Tessier J., and maintaining the appellant’s action for $574.69.
The appellant took an action in damages for breach of contract and claimed from the respondent the sum of $37,557.40. He alleged that the respondent had sold him
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4,500 cords of birch wood, 1,500 cords to be delivered for three consecutive years, such wood to be suitable for the making of spools; and that the respondent was able to deliver 200 cords only. The respondent pleaded that the wood was to be taken from certain lots of land specified in the contract and that he had delivered all the wood that was there.
The Superior Court maintained the action for $6,179.69. Both parties appealed to the Court of King’s Bench, the respondent to claim the dismissal of the action in toto and the appellant to ask for an increase in damages; and the appellate court reduced the amount of damages from $6,174.69 to $574.69. The plaintiff alone appealed to the Supreme Court of Canada.
The Supreme Court of Canada, after hearing counsel, dismissed the appeal with costs.
Appeal dismissed with costs.
L. G. Belley K.C. and Jules Gobeil for the appellant.
Louis Morin K.C. for the respondent.