. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. 6—OOUBT OP QUSBK'S ^NOH. / It 11 par| veil "mee says the takjj it as it was damaged, and^*1iat the risk had been _ wit Uhe owner t>f the cheese: The Cbnrt below over- rul* 1 this pretension, and Hannan has appealed. T le appellant relies upon Art. 14t4, 0. C. which says: "W len things movable are sold by weight, number or "mlasure, and not in the lump, the sale is not perfect "urhl they have been weighed, counted or ; Thi* article is slightly different from Art. 16
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. 6—OOUBT OP QUSBK'S ^NOH. / It 11 par| veil "mee says the takjj it as it was damaged, and^*1iat the risk had been _ wit Uhe owner t>f the cheese: The Cbnrt below over- rul* 1 this pretension, and Hannan has appealed. T le appellant relies upon Art. 14t4, 0. C. which says: "W len things movable are sold by weight, number or "mlasure, and not in the lump, the sale is not perfect "urhl they have been weighed, counted or ; Thi* article is slightly different from Art. 1685 of the Cod«Napol6on, which reads as follows :-"Lorsque des "malchandises ue sont pas vendues en bloc, mais au ^'poi^s, au i«)mpte ou k la mesure, la vente n'est point %iipien ce sens que h s choses vendues sont auz risques du tur jusqu'A ce qu'elles soient pes6es, comptfees ou ; The article of the French Code distinctly iat although there is a sale, the thiJig remains at |k of the vendor until it is weighed. Our Code flays the sajp is not perfect until the thing is weighed The nfajority of the Court are of opinion that the sale not bemg perfect, the risk was with the selter until the weighihg, and that he has no claim for the damage sus- tamed by the cheese before the weighijjg took place. The fcdgm^t of thaCourt below is therefore reversed. Tlie j|d^ment of the Court is as follows :— "ThJpourt,;.... _ " Conlidering ttit by his declSration the present res- pondent Wleges that on the 9th of April, 1886, he sold to the appAllant 1,643 boxes of cheese, at the rate of lOi ^nts peW pound, and that this sale was made through . Wm. M. EuUer, his agent, in whose warehouse said cheese then wa|; that the appellant examined, selected, and set apart the 1,648 bo^es of cheese, and that he removed thQ 8ame|from the second floor to the ground floor of Fuller 8 Jarehouse, where he had them coopered; that the weight was to be tested according to
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