SUPREME COwRT OF CANADA
[19541 judgment of the Superior Court demonstrate that there is a manifest lack of substance in the appeal and that this motion should be entertained favourably-as stated in the COUTU
K n
McCoubrey case, "as a convenient way of disposing of the J.
appeal before further costs have been incurred."
Solicitors for the appellant: Hyde & Ahern.
Solicitors for the respondent: Michaud, Mercier & Denis. JAMES EDMUND TAYLOR (Plaintiff) . .. .APPELLANT; *Oct.
22,23
AND
SILVER GIANT MINES LIMITED
*May and GIANT
MASCOT
MINES
RESPONDENTS. LIMITED (Defendants) ........
ON APPEAL FROM THE OF APPEAL BRITISH COLUMBIA
Agent-Right to commission-Engaged to negotiate sale-Agreement made with party introduced by agent-Break in continuity of negotiations. Desiring to dispose of a mining property, the respondent Silver Giant Mines Ltd. engaged the appellant as agent to negotiate a deal with the Hedley Mascot Gold Mines Co. Ltd. Subsequent to his engagement, the appellant signed a memorandum agreeing to a certain commission. Later he declined to be limited to that commission, but the Silver Giant company did not elect to treat his withdrawal as a repudiation.
The two companies were initially brought into relation with each other through the efforts of the appellant. The negotiations which followed were broken off by letter of the Silver Giant company to the Hedley Mascot company. Negotiations later carried on resulted in the parties entering into an agreement whereby the Hedley Mascot company acquired control of the property in question. The agreement reached differed in many material particulars from the one drafted before the break down.
The appellant took no direct part in the negotiations before the break down and none thereafter. His action against both respondents for a commission claiming that he had been the effective cause of the sale was maintained by the trial judge, but dismissed by the Court of -Appeal.
Held: (Kellock and Estey JJ. dissenting), that the appeal should be dismissed.