Freeway Sales and Distributors Ltd. v. Hogan, (1979) 5 Man.R.(2d) 51 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: December 18, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 5 Man.R.(2d) 51 (CoCt)

Freeway Sales and Distr. v. Hogan (1979), 5 Man.R.(2d) 51 (CoCt)

MLB headnote and full text

Freeway Sales and Distributors Ltd. v. Hogan

Indexed As: Freeway Sales and Distributors Ltd. v. Hogan

Manitoba County Court

Barkman, C.C.J.

December 18, 1979.

Summary:

This headnote contains no summary.

Sale of Goods - Topic 4108

Conditions and warranties - Implied or statutory terms as to quality or fitness - Merchantable quality - The plaintiff told the defendant that he wished to purchase a boat and motor which were "a few years old or a couple of years old" - The defendant sold the plaintiff a boat, motor and trailer, which were in good to excellent condition, and which were traded to the defendant as 1976 or 1977 models - The invoice described the items as "used" - The plaintiff learned through his own investigation immediately after the purchase that the boat may have been in use since 1970, the motor was a 1974 model and the trailer was a 1972 model - The Manitoba County Court held that the defendant breached the warranty with respect to merchantable quality as provided in s. 58(1)(e) and s. 58(5) of the Consumer Protection Act, R.S.M. 1970, c. C-200 - The court awarded damages to the plaintiff in the amount of $933.00 plus $46.65 sales tax rebate plus costs of $75.00 - See paragraphs 14 to 28.

Statutes Noticed:

Consumer Protection Act, R.S.M. 1970, c. C-200, sect. 58(1)(f) [paras. 7, 8, 10]; sect. 58(1)(h) [paras. 7, 9, 11]; sect. 58(1)(e) [paras. 14, 15, 17 to 19]; sect. 58(5) [paras. 14, 16 to 18].

Sales of Goods Act, C.S.M. c. S-10, sect. 15 [para. 12]; sect. 13 [para. 20].

County Courts Act, R.S.M. 1970, c. C-260, Part II [para. 24].

Counsel:

B. Corrin, for the (plaintiff) respondent;

T. Crane, for the (defendant) appellant.

This case was heard before BARKMAN, C.C.J., in the County Court of Winnipeg.

The decision of BARKMAN, C.C.J., was delivered on December 18, 1979.