What is the test for a buyer’s right to claim an unauthorised shipment of goods from a vendor to purchaser?
Ontario, Canada
The following excerpt is from Wiley v. Smith, 1876 CanLII 3 (ON CA):
In Covell v. Hitchcock 23 Wend. 612, Walworth C., remarked: “The time during which the right exists, therefore, is during the whole period of the transit from the vendor to the purchaser, or the place of ultimate destination as designated to the vendor by the buyer; and this transit continues as long as the goods remain in the possession of the middleman, whether he be the carrier either by land or by water, or the keeper of a warehouse or place of deposit connected with the transmission and delivery of the goods.”
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