Forbes v. Howorth, (1998) 214 A.R. 201 (QB)

• Judge: Dixon, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 13, 1998
• Citations: (1998), 214 A.R. 201 (QB)

Forbes v. Howorth (1998), 214 A.R. 201 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JA.032

James A. Forbes (plaintiff/defendant by counterclaim) v. Robert Howorth (defendant/plaintiff by counterclaim)

(Action No. 9301-18295)

Indexed As: Forbes v. Howorth

Alberta Court of Queen's Bench

Judicial District of Calgary

Dixon, J.

January 13, 1998.

Summary:

The plaintiff agreed to purchase the defen­dant's accounting practice. A dispute arose. The plaintiff sued the defendant, alleging misrepresentation and overpayment on the purchase price. The defendant counter­claimed, alleging breach of contract.

The Alberta Court of Queen's Bench dis­missed both the plaintiff's claim and the defendant's counterclaim.

Contracts - Topic 3523

Performance or breach - Breach - What constitutes a breach - The plaintiff agreed to purchase the defendant's accounting practice with the purchase price to be paid relative to gross fees over a certain period of time - A dispute arose - The plaintiff sued the defendant, alleging misrepresen­tation and overpayment on the purchase price - The defendant counterclaimed, alleging breach of contract - The Alberta Court of Queen's Bench dismissed both claims - The court held that the plaintiff got what he paid for and his conduct disentitled him to either a judgment for overpaid purchase price monies or to an award of damages - The defendant, who sought, and was given, more control in the transition of this practice than normally expected, in receiving the amount that he did from the plaintiff was well-rewarded for any transfer of clients.

Fraud and Misrepresentation - Topic 2508

Misrepresentation - Negligent misrepre­sentation - [See Contracts - Topic 3523 ].

Cases Noticed:

Roe McNeill & Co. v. McNeill, [1994] B.C.J. No. 1187 (S.C.), refd to. [para. 34].

Milano's Dining Room & Lounge (1989) Ltd. v. C.T.D.C. #1 Alberta Ltd. (1994), 19 Alta. L.R.(3d) 171 (Q.B.), refd to. [para. 48].

Gallen v. Allstate Grain Co. (1984), 9 D.L.R.(4th) 496 (B.C.C.A.), refd to. [para. 48].

Authors and Works Noticed:

Chitty on Contracts (27th Ed. 1994), vol. 1, para. 12-104 [para. 49].

Counsel:

S.B. Cody, for the plaintiff;

N.D. Anderson, for the defendant.

This action and counterclaim were heard before Dixon, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following decision on January 13, 1998.