Joseph Group of Companies Inc. v. Pickles Tents and Awnings Ltd., (1981) 9 Man.R.(2d) 204 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 04, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 9 Man.R.(2d) 204 (CoCt)

Joseph Group v. Pickles Tents (1981), 9 Man.R.(2d) 204 (CoCt)

MLB headnote and full text

Joseph Group of Companies Inc. v. Pickles Tents and Awnings Ltd.

Indexed As: Joseph Group of Companies Inc. v. Pickles Tents and Awnings Ltd.

Manitoba County Court

Ferg, C.C.J.

March 4, 1981.

Summary:

This case arose out of the plaintiff's application for a replevin order for the return of goods sold to the defendant. The invoice reserved title in the plaintiff until payment, but the defendant went into receivership before payment.

The Manitoba County Court allowed the application for a replevin order, because title was reserved in the plaintiff, notwithstanding a prior registered security agreement of the defendant's bank.

Receivers - Topic 3587

Claims - Priorities - Secured creditor v. conditional seller - A supplier sold goods under an invoice, which reserved title in the supplier until payment - There was a prior registered security agreement between the buyer and its bank - The Manitoba County Court held that the supplier was entitled to replevy the goods, because title was reserved to it.

Sale of Goods - Topic 2841

Transfer of property and goods from seller to buyer - Ascertained goods - General - A supplier sold goods under an invoice, which reserved title in the supplier until payment - The Manitoba County Court held that the expressed intention of the parties prevailed and title remained in the supplier before payment, notwithstanding delivery to the buyer.

Cases Noticed:

McEntire v. Crossley Bros. Ltd., [1895] A.C. 457, appld. [para. 12].

Statutes Noticed:

Personal Properties Security Act, C.C.S.M., c. P-25, sect. 2, sect. 3, sect. 9, sect. 10, sect. 21, sect. 22(1), sect. 35(1) [para. 16].

Sale of Goods Act, C.C.S.M., c. S-10, sect. 3 [para. 8]; sect. 19, sect. 20 [para. 9].

Authors and Works Noticed:

Benjamin's Sale of Goods (1974), pp. 21 [para. 10]; 144-148 [para. 12]; 150 [para. 13].

Counsel:

Penny Rose, for the plaintiff;

Allan M. Kaufman, for Dunwoody Ltd.;

No one appeared for the defendant.

This case was heard at Winnipeg, Manitoba, before FERG, C.C.J., of the Manitoba County Court, who delivered the following judgment on March 4, 1981: