Supreme
Court of Canada
Bridgman V. Hepburn, (1908)
42 S.C.R. 228
Date: 1908-11-10
Bridgman
v. Hepburn
1908: October
12; 1908: November 10.
Present: Sir
Charles Fitzpatrick C.J. and Davies, Idington, Maclennan and Duff JJ.
Sale
of land—Principal and agent—Commission for procuring purchaser—Sale to person
introduced by broker.
APPEAL
from the Supreme Court of British Columbia
affirming the judgment of Irving J. which dismissed the appellant's
(plaintiff's) action with costs.
The
respondent, defendant, applied to the appellant for a loan of $58,000, but
negotiations to that end and for the sale of certain lands for $56,000 failed.
Subsequently the person with whom the appellant was negotiating was introduced
by the prospective purchaser's banker to the agent of the mortgagees, and a
sale was brought about for $50,000, the respondent paying the agent a
commmission. An action by the appellant for a commission for having procured
the purchaser was dismissed by Irving J. at the trial and his judgment was
affirmed by the judgment appealed from, Morrison J. dissenting, and it was held
that as the appellant had been engaged to find a purchaser at a certain price
and having failed to do so he was not entitled to a commission on the sale
subsequently made to the person originally introduced by him at a lower price.
It was held by Hunter C.J. that when, primâ facie, the agreement is to
pay a commission on a named price it is for the agent to shew in the clearest
way that the intention of the parties was to pay a commission on any sum at
which a sale might be effected.
[Page 229]
After
hearing counsel for the parties on the appeal, the Supreme Court of Canada
reserved judgment and, on a subsequent day, dismissed the appeal with costs.
Appeal
dismissed with costs.
Bodwell
K.C. for the appellant.
Ewart
K.C. for the respondent.
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