Carey (Philip) Co. v. McCain Foods Ltd. and Carleton Cold Storage Co., (1970) 2 N.B.R.(2d) 314 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 28, 1969
• Jurisdiction: New Brunswick
• Citations: (1970), 2 N.B.R.(2d) 314 (CA)

Carey Co. v. McCain Foods (1970), 2 N.B.R.(2d) 314 (CA);

    2 R.N.-B.(2e) 314

MLB headnote and full text

Sommaire et texte intégral

Philip Carey Company Limited v. McCain Foods Limited And Carleton Cold Storage Co. Ltd.

Indexed As: Carey (Philip) Co. v. McCain Foods Ltd. and Carleton Cold Storage Co.

Répertorié: Carey (Philip) Co. v. McCain Foods Ltd. and Carleton Cold Storage Co.

New Brunswick Court of Appeal

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

February 6, 1970.

Summary:

Résumé:

The New Brunswick Court of Appeal affirmed the judgment of the trial court which awarded damages to the buyer of an adhesive used in the construction of a building. The seller assured the buyer that the adhesive was satisfactory for the purpose specified by the buyer. The adhesive proved unsuitable and extensive damage resulted from its use.

The New Brunswick Court of Appeal held that the seller made express warranties to the buyer and dismissed the seller appellant's appeal.

The New Brunswick Court of Appeal's finding with respect to an express warranty was contrary to the finding of the trial judge who held the seller liable because of an implied warranty and Section 15 of the Sale of Goods Act.

Sale of Goods - Topic 4054

Conditions and warranties - Warranties - Express warranty of fitness - Contract - Sale of goods - Express warranty - Goods sold by trade name and seller assured buyer that the goods were satisfactory for the purpose specified by the buyer - The New Brunswick Court of Appeal held seller liable for damages.

Counsel:

L.H. Machum for plaintiff;

D.M. Gillis, Q.C., and Thomas L. McGloan, Q.C., for the defendant.

APPEAL from a judgment of Barry, J. dated April 28, 1969, (1969), 1 N.B.R.(2d) 551, who awarded damages in favour of a buyer arising out of the sale of goods.

The judgment of the Court was delivered by Limerick, J.A.