Dalgleish, I.A.C. Ltd., Cuell and Kruger's Trenching Ltd. v. Western Truck Cap Sales Ltd., (1977) 5 A.R. 28 (TD)

• Judge: Cavanagh, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 11, 1977
• Citations: (1977), 5 A.R. 28 (TD)

Dalgleish v. Western Truck Cap Sales Ltd. (1977), 5 A.R. 28 (TD)

MLB headnote and full text

Dalgleish, I.A.C. Ltd., Cuell and Kruger's Trenching Ltd. v. Western Truck Cap Sales Ltd.

Indexed As: Dalgleish, I.A.C. Ltd., Cuell and Kruger's Trenching Ltd. v. Western Truck Cap Sales Ltd.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Cavanagh, J.

March 11, 1977.

Summary:

This headnote contains no summary.

Conditional Sales - Topic 1005

Rights of third parties - Loss of title to subsequent purchasers - Resale by trader or mercantile agent in the ordinary course of business - Whether the goods were delivered by the conditional seller to the buyer in the buyer's capacity as trader or mercantile agent - The owner of a truck sold the truck to a debtor under a registered conditional sales agreement - The debtor sold the truck to a third party who claimed title to the truck because the truck was sold by the debtor in the ordinary course of business within the meaning of the Alberta Factors Act - The debtor became bankrupt - The Alberta Supreme Court, Trial Division, dismissed the claim by the third party because the truck was delivered by the owner to the debtor as a conditional purchaser and not as a trader or mercantile agent.

Cases Noticed:

Hunter v. Trans Canada Finance Corporation, [1930] 1 W.W.R. 801, folld. [para. 10].

Traders Group Ltd. v. Gouthro, 9 D.L.R.(3d) 387, folld. [para. 10].

Oppenheimer v. Frazer and Wyatt, [1907] 1 K.B. 519, folld. [para. 10].

Statutes Noticed:

Factors Act, R.S.A. 1970, c. 132, sect. 10 [para. 12].

Counsel:

Brian P. O'Leary, for the claimants Cuell and Kruger's;

F.R. Foran, for the claimant I.A.C. Ltd.

The judgment of the Trial Division of the Alberta Supreme Court was delivered by CAVANAGH, J., at Edmonton, Alta., on March 11, 1977.