Supreme Court

Decision Information

Peterson & Auger Ltd. v Mackenzie Wholesale Ltd.

Court Supreme Court
Date 1985-04-29
File numbers SC 2720
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Mackenzie v. Royal Bank of Canada (1934) A.C. 468;
Canadian Imperial Bank of Commerce v. Le Roy Contracting et al. (1982) 20 A.L.R. 266 (Alta. Q.B.)
Bank of Montreal v. MacGregor (1981) 21 B.C.L.R. 83 (S.C.);
Andre Jowich v. Woodridge Homes Ltd and Sanuik (1981) 10 Man. R. 417 (Co. Ct.)
Decision information:

Abstract: Action for debt on an account - Defendant Mackenzie substantially indebted to the Plaintiff - Defendant Vail guaranteed the debts of Mackenzie - Defendant Vail claimed he signed the guarantee, not in his personal capacity, but as a shareholder in the Defendant Mackenzie.
Decision: Action allowed and judgment entered against both Defendants - Court rejected the argument of non est factum by the Defendant Vail - Defendant Vail not credible in his testimony - Court found he was aware of the effect of the guarantee and not misled by the Plaintiff - Nominal damages to the Defendant for breach of contract by the Plaintiff - Set off by counterclaim in the amount of $500.00 - Costs to the Plaintiff.
Subjects: Contracts - Mistake - Non est factum
Creditors and debtors

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