What is the test for summary judgment in a case where a defendant refused to pay a note because the steel used in the contract was substandard?
Nova Scotia, Canada
The following excerpt is from Brown v. Trynor, 1980 CanLII 2474 (NS CA):
The inference is that to apply the principles in Lamont v. Hyland, supra, the applicant for summary judgment should be a holder in due course or someone whose title comes from a holder in due course. The defendants had refused to pay the note because the steel which was the material for which the note had been given was substandard and not "according to the terms of the contract".
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