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Contract - SOGA - Acceptance [s.34]

. J. Jenkins and Son Landscape Contractors Limited v. Iron Trio Inc. [s.34 'acceptance of goods']

In J. Jenkins and Son Landscape Contractors Limited v. Iron Trio Inc. (Ont Divisional Ct, 2025) the Divisional Court considered an appeal, here in a fact issue about the volume of a product delivered.

Here the court considered SOGA s.34 ['Acceptance of Goods']:
[43] Section 34(a) of the Sale of Goods Act, R.S.O. 1990, c. S.1., provides that a buyer and seller of goods shall be deemed to have accepted the goods when the buyer intimates to the seller that the goods have been accepted. The appellant asserts that, in accordance with the parties’ contract, the respondent accepted each delivery, including the quantities of soil represented as having been delivered, when its employee on site signed the corresponding delivery ticket. This was how the parties had done business with each other for a decade. In the soil business, it was also commercially sensible to be paid per load, and to specify that the delivery tickets are conclusive.


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Last modified: 10-06-25
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