Borys v. Kern Hill Co-Op Ltd., (1979) 1 Man.R.(2d) 260 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 02, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 260 (CoCt)

Borys v. Kern Hill Co-op Ltd. (1979), 1 Man.R.(2d) 260 (CoCt)

MLB headnote and full text

Borys v. Kern Hill Co-Op Ltd.

Indexed As: Borys v. Kern Hill Co-Op Ltd.

Manitoba County Court

Barkman, C.C.J.

October 2, 1979.

Summary:

This headnote contains no summary.

Sale of Goods - Topic 6507

Breach - Remedies of buyer - Rescission - Fundamental breach - The plaintiff ordered a custom made sofa and two chairs - After delivery the plaintiff realized that the furniture was severely defective in workmanship and design - Repairs would require the total dismantling of the furniture - The Manitoba County Court allowed the plaintiff's action for damages and awarded her the purchase price of the furniture on condition that she return it.

Cases Noticed:

Ford Motor Co. of Canada Ltd. v. Halley, [1967] S.C.R. 437, appld. [para. 11].

Massey Harris Co. Ltd. v. Skelding, [1934] S.C.R. 431, appld. [para. 11].

Counsel:

Susan Devine, for the plaintiff;

D. Hoffer, for the defendant.

This case was heard at Winnipeg, Manitoba, before BARKMAN, C.C.J., of the Manitoba County Court, who delivered the following judgment on October 2, 1979: