What is the defence of a claim for possession of a public house and stock in trade?

Saskatchewan, Canada


The following excerpt is from Covlin v. Covlin, 1920 CanLII 116 (SK CA):

In Lavery v. Turley, 6 H. & N. 239, 30 L.J. Ex. 49, the action was for goods sold. The defence was, That after the accruing of the causes of action the defendant was in possession of a public house and stock in trade, and thereupon it was agreed that in consideration that the defendant, at the request of the plaintiff, would quit the said public house and premises, and deliver up possession of the same and the stock in trade to the plaintiff, the plaintiff would pay to the defendant the sum of £100, and give up and discharge and exonerate the defendant from all debts and claims and causes of action in respect of the causes of action in the declaration mentioned. That the plaintiff in pursuance of the agreement paid the £100, and the defendant then quitted the house and gave up possession of the stock.

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