think, therefore, it would be a wrong exercise of the HISxO power bestowed on this court and its judges to allow *.
an appeal directly to this court.
TowN
Mo- The application of the appellant is therefore refused with costs.
JAMES BYERS (DEFENDANT)...............APPELLANT; *Nov. 21.
Dec.20. DANIEL H. McMILLAN AND WIL-)
LIAM
W.
McMILLAN
(PLAIN- RESPONDENTS. TIFFS) ........................................
;
ON APPEAL FROM THE COURT OF QUEEN'S BENCH FOR MANITOBA.
Contract- Written instrument-Collateral parol agreement-Admissibilit! of evidence of-Work and labor-BSecurity-Lien. By an agreement in writing B. contracted to cut for A. a quantity of wood and haul and deliver the same at a time and to a place mentioned, B. to pay for the same on delivery. The agreement made no provision for securing to A. the payment of his labor, but when it was drawn up there was a verbal agreement between the parties that in default of payment by B. the wood could be held by A. as security and be sold for the amount of his claim. Held, reversing the judgment of the court below, Henry J. dissenting, that evidence of this verbal agreement was admissible on the trial of an action of replevin for the wood by an assignee of A., and that its effect was to give B. a lien on the wood for the amount due him.
APPEAL from a decision of the Court of Queen's Bench, Manitoba (1), setting aside a verdict for the defendant and directing judgment to be entered for the plaintiffs.
This was an action of replevin and arose out of an agreement by the defendant to cut and haul a quantity of cordwood for one Andrews who had a license from *PRansEr-Strong, Fournier, Henry, Taschereau and Gwynne JJ.
[VOL. 1V.