Gilbert Blasting & Dredging Co. v. The King

(Sup- APPELLANTS; PLIANTS) .........................

AND

*Dec. 11 HIS MAJESTY THE KING (RE- RESPONDENT. SESPONDENT

SPONDENT) .. .. ............

ON APPEAL FROM THE EXCHEQUER COURT OF CANADA. THE CHIEF (oral).-Notwithstanding the able arguments in support of the appeal that have been addressed to us, we are of opinion that it is impossible to hold that words can be found in this contract amounting to an express covenant by the Crown that the contractors must have been allowed to do all the work that had been given to Davis. Then under section 34 no such covenant by the Crown can be implied. We therefore dismiss the appeal with costs. Appeal dismissed with costs.