ANGLIN C.J.C.-We are all of the opinion that this appeal must be dismissed.
The ground on which the Court of Appeal has rested its judgment is, we think, sound. As the case appears to us, Co., there is nothing new in the appellant's device; no novelty is disclosed, notwithstanding the ingenious argument of appellant's counsel to the contrary. Admittedly all the elements of the plaintiff's heater are old. The combination of them effected by him may be new in one sensethat is, precisely such a combination may not have been made before-but it is a combination the making of which did not involve any inventive ingenuity. Any competent and well-informed mechanic could readily have effected it.
The appeal fails and must be dismissed-and with costs.
Solicitor for the appellant: S. W. Burns.
Solicitors for the respondents: Fetherstonhaugh & Fox. BRITISH
TRADERS
INSURANCE
APPELLANT; COMPANY LIMITED (DEFENDANT)
f
*May 3,4. AND
QUEEN
INSURANCE
COMPANY
RESPONDENT. OF AMERICA (PLAINTIFF) ..........
ON
APPEAL
FROM
THE
COURT
OF
APPEAL
FOR BRITISH COLUMBIA
Insurance-Oral contract of insurance-Alleged contract of re-insurance- Correspondence-Ambiguity--Construction-Offer to re-insure as to risks to be assumed-Contract of re-insurance arising on assumption of risk.
The judgment of the Court of Appeal of British Columbia, 38 B.C. Rep. holding the defendant liable to the plaintiff under a contract of re-insurance, was affirmed.
It was held that there had been a binding agreement of the plaintiff to insure, constituted by an oral arrangement by its agent with the insured prior to the fire; and that, on the construction of the communications between plaintiff and defendant prior to said agreement, the *PRESENT:-Anglin CJ.C. and Duff, Mignault, Newcombe and Rinfret JJ.