Does repossession of a property change the terms of the contract?
Saskatchewan, Canada
The following excerpt is from Nichols & Shepard Company v. Chamberlain, 1918 CanLII 260 (SK QB):
Repossession does not rescind the contract. ‘Sawyer v. Pringle, 18 O.A.R. 218, at p. 222: Where the contract contains this term as to resuming possession, we generally find this followed by power given to the vendor to sell the chattel, either with or without notice, and to credit the proposed purchaser with the proceeds realized from the sale, leaving him expressly liable for any difference between that and the contract price.
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