Supreme Court of Canada
Hill v. Moisan, [1928] S.C.R. 90
Date: 1927-04-20
Hill v. Moisan
1927: February 16, 17; 1927: April 20.
Present: Anglin C.J.C. and Duff, Mignault, Newcombe and Rinfret JJ.
ON APPEAL FROM THE COURT OF KING’S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC
Contract—Sale—Liability to deliver—Liability for payment—Art. 1202 C.C.
APPEAL from the judgment of the Court of King’s Bench, appeal side, province of Quebec[1] reversing the judgment of the trial judge, Lane J., and dismissing the plaintiff appellant’s action.
The appellant claimed by his action the sum of $22,000 for the outstanding instalments of a “bonus” and a further amount for royalties, the whole resulting from the
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execution in favour of the respondent by the appellant of a sub-license of a Canadian patent for improvements in the method of manufacturing articles from pulp, known as “Drake Process.”
The action was maintained by the Superior Court, but dismissed by the appellate court.
The Supreme Court of Canada, after hearing counsel for both parties, reserved judgment, and, at a subsequent date, dismissed the appeal with costs.
Appeal dismissed with costs.
F. J. Laverty, K.C., and D.C. Nicholson for the appellant.
André Fauteux, K.C., for the respondent.