Retail Credit Co. Inc. v. Commercial Finance Corp. Ltd., [1932] S.C.R. 33 (1931)

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Retail Credit Co. Inc. v. Commercial Finance Corp. Ltd., [1932] S.C.R. 33 (1931)

Supreme Court of Canada

Retail Credit Co. Inc. v. Commercial Finance Corp. Ltd., [1932] S.C.R. 33

Date: 1931-06-12

Retail Credit Company, Inc. (Defendant and Third Party) Appellant;

and

Commercial Finance Corporation Ltd. (Plaintiff) Respondent;

and

Merchants Casualty Insurance Co. (Defendant) Respondent.

Retail Credit Company, Inc. (Defendant and Third Party) Appellant;

and

Commercial Finance Corporation Ltd. (Plaintiff) Respondent;

and

Western Assurance Co. (Defendant) Respondent.

1931: May 21; 1931: June 12.

Present: Anglin C.J.C. and Newcombe, Lamont and Cannon JJ.

ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.

Contract-Agreement to supply service of car-checking and reporting thereon to company financing motor car dealers-Careless reports made by service company's local inspection agent and passed on to financing company-Liability in damages of service company-Construction of contract.

Respondent (plaintiff) carried on a business of financing motor car dealers. Appellant carried on a business of obtaining and giving information as to credit, character, etc., and including the checking of cars in dealers' hands and reporting thereon. Appellant made an agreement to supply its service to respondent. Respondent signed an "indemnity agreement," agreeing to treat in confi...

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