of Alberta, Appellate Division reversing the judgment of Harvey C.J. at the trial and maintaining the respondent's (plaintiff's) action with costs. The respondent prayed by his action for a declaration thaf a certain building occupied by them was not the building called for by the agreement and lease entered into by him and the appellant; and he claimed damages.
The trial judge found in favour of the defendant appellant; but the Appellate Division maintained the respondent's claims, with the right to the appellant to elect for a new trial.
On appeal by the defendant to the Supreme Court of Canada, the court, after hearing counsel for both parties, reserved judgment, and, at a subsequent date dismissed the appeal with costs.
C. H. Grant for the appellant.
J. R. Lavell for the respondent.