Lagace v. Vincent, (1981) 10 Man.R.(2d) 368 (CoCt)
Court | Provincial Court of Manitoba (Canada) |
Case Date | May 22, 1981 |
Jurisdiction | Manitoba |
Citations | (1981), 10 Man.R.(2d) 368 (CoCt) |
Lagace v. Vincent (1981), 10 Man.R.(2d) 368 (CoCt)
MLB headnote and full text
Lagace v. Vincent
Indexed As: Lagace v. Vincent
Manitoba County Court
Thompson, C.C.J.
May 22, 1981.
Summary:
A seller sued a buyer for monies owing on the purchase price of a herd of cows. The buyer counterclaimed for damages for breach of contract.
The Manitoba County Court allowed both actions and offset the amount of the counterclaim against the original claim.
Animals - Topic 3946
Sale of animals - Warranty - Breach of warranty - What constitutes - One farmer sold cows to another, representing that they had been artificially inseminated, and were "in calf" - Several were later found not to have been inseminated - The Manitoba County Court held that the seller breached an express warranty, upon which the buyer relied, allowing the buyer to recover damages - See paragraphs 12 to 14.
Counsel:
J.J.A. Hogue, for the plaintiff;
R.J. Rodrique, for the defendant.
This action was heard before THOMPSON, C.C.J., of the Manitoba County Court. The decision of THOMPSON, C.C.J., was delivered on May 22, 1981:
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