of Alberta, Appellate Division affirming the judgment of Stuart J. at the trial (2) and dismissing the appellant's, plaintiff's, action. The action is for the recovery of a lien note given by the respondent as part of the purchase price of a combination threshing outfit.
The respondent pleaded that the machine did not fulfil the conditions and the warranties contracted for.
The trial judge and the Appellate Division found as a fact that the respondent never got the article he bargained for and also found, in the circumstances of this case, a sufficient explanation of the retention by the respondent of the machine for a long period. On the appeal by the plaintiff to the Supreme Court of Canada, the court, after hearing counsel for both parties, reserved judgment, and, at a subsequent date, dismissed the appeal with costs.
A. H. Clarke K.C. for the appellant.
J. W. McDonald K.C. for the respondent.