What is the effect of incorrect engine numbers in a lien note?

Saskatchewan, Canada


The following excerpt is from John Deere Limited v. Remmen, 1971 CanLII 788 (SK CA):

In support of his argument, he cited the decision of this Court in Foss v. Wilmoth, 1919 CanLII 329 (SK CA), [1920] 2 W.W.R. 291, where the engine number was incorrectly described as “KK 138668” instead of “KK 13868” and it was held that the mistake was not fatal because the description of the automobile would have been sufficient if the engine number had been omitted altogether; and because no person could have been misled by the mistake in the number. Any person making inquiries and finding that the engine seized by the sheriff corresponded with the engine described in the lien note in all particulars except as to the number of the engine would immediately conclude that the number given in the lien note was in error, particularly as the only difference between them is that the number as given in the lien note repeats the figure “6” where it should not have done so.

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