The Saskatchewan Law Reports Volume 4

 
9781234285340: The Saskatchewan Law Reports Volume 4
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...threshing, and counterclaims for general damages in I find that the plaintiff is entitled to his claim for the amount of his threshing account. The contract was not an indivisible One, and payment by the defendant was not intended to be COllditional upon the threshing of all the crop: Hollingsworth "' L“"a"i‘@ (1910. 19 M.L.R. 379, 13 W.L.R. 40,-Taylor v. Laird (1856), 25 L.J. Exch. 329; Button v. Thompson (1869), 38 L.J.C.P. 225, L.R. 4 C.P. 330, 20 L.T. 568; Taylor v. Kinsey (1899). 4 Terr. L.R. 178; Owen v. James (1899), 4 Terr. L.R. 174. On the other hand, the plaintiff was under obligation to complete. do so, and having failed, he must suffer the consequences. Counsel for the defendant at the trial attempted to put in particulars of special damages, but, as he had, claimed only general damages in his pleadings, I refused to admit the evidence. It is a well-settled rule that a party will not be allowed to give evidence of any special damage which is not speci ' fically claimed. I find also that the parties themselves on De cember llth agreed upon the amount of general damages at $39.10, and this is the amount which I will allow. The plaintiff is also, in my opinion, under the circumstances, entitled to interest after December 1st. There was an account rendered for a specific sum which was due and payable, accompanied by a notice that interest would be claimed, and followed by a letter demanding payment. This, I take it, is a suflicielli compliance with the Judicature Act, sub-sec. 2 of sec. 37, 0118, 1907, in the light Of the following cases: The Merchant Sh'i1JPi1I9 Co. v. Armitage (1875), L.R. 9 QB. 99, 43 L.J.Q.B. 24, 29 L.T809; The London, Chatham and Dover R.W. Co. v. South-Ea.stern R.W. C0. (1892), 1...

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