The Saskatchewan Law Reports Volume 14

The Saskatchewan Law Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...for freight, and filed in Court the note for $1,150, and, while counterclaiming for payment of the note, consented to withdraw the counterclaim in the event of the plaintiffs accepting the sum paid in in satisfaction of the plaintiffs' claim., The plaintiffs did not accept the money paid into Court, and the note, but proceeded to trial. At the trial, at the close of the plaintiffs' case, the defendant withdrew its denial of liability so far as the return of the money and notes was concerned. The learned trial Judge thereupon withdrew the question of damages from the jury, holding that, as the plaintiffs had rejected the machinery and rescinded the agreement, they were only entitled to the return of the moneys paid and note given. He also held that the plaintiffs had not taken reasonable steps to mitigate their loss, and that the loss of crop was not reasonably within the contemplation of the parties as a probable result of the breach of the contract, or the immediate or natural consequence of the defendant's failure 0 comply with the warranty. He accordingly gave judgment for the plaintiffs for the amount paid into Court, and the return of the note, with costs of the action up to the time of payment in, and gave the defendant its costs of the action subsequent to the payment into Court. The counterclaim was dismissed with costs. _ The plaintiffs now appeal on the following grounds: That the learned trial judge erred in holding that The Sale of Goods Act did not apply herein. That the learned trial judge erred in holding that the contract sued on herein excluded all implied warranties. That the learned trial judge erred in finding that the plaintiffs could not recover for loss of crops, and erred in finding that the loss...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236793935
  • 9781236793935