NOVA SCOTIA COURT OF APPEAL
Citation: Curtmar Farms Ltd. v. Tetreault, 2007 NSCA 7
Date: 20070117
Docket: CA 268232
Registry: Halifax
Between:
Norman Tetreault and Barbara Tetreault
Appellants
v.
Curtmar Farms Limited
Respondent
Judge: The Honourable Justice Elizabeth Roscoe
Appeal Heard: January 16, 2007
Subject: commercial law, agreement of purchase and sale or consignment
Summary: Curtmar delivered a herd of dairy cattle to the Tetreaults. They accepted the cattle and made a partial payment. Curtmar sued for the balance of the purchase price. The appellants said there was nothing owing because they were not able to re-sell the cattle for more than it cost them to keep them pending re-sale because the cows were not registered and there was a downturn in the market. The trial judge found that there was an agreement of purchase and sale, not a consignment arrangement, and ordered the defendants to pay the balance of $25,800 plus interest and costs.
Issue: Did the trial judge err in finding the parties had entered into an agreement of purchase and sale?
Result: Appeal dismissed. No error justifying appellate intervention.
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