Reser v. Yates

Reser v. Yates

The Supreme Court held that the purchasers' deposit credited to their own account without notice to the bank or appropriation to the purchase did not comply with the vendor's express condition; the broker failed to secure or earmark the deposit by the deadline and therefore was not entitled to commission.

Citation
(1909) 41 SCR 577
Parties
Appellant / Defendant: E. W. Reser; Respondent / Plaintiff: W. M. Yates
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 April 1909
Procedural Posture
Appeal (civil; Sale of Land, Broker Commission) / On Appeal to the Supreme Court of Canada From the Supreme Court of Saskatchewan
Outcome
Appeal allowed; judgment for defendant (appellant) with costs.
Legal Topics
Broker's Commission, Deposit Conditions, Compliance With Instructions, Vendor's Refusal to Complete, Appropriation of Funds
Source Language
English
Sale of Land Agency Contract Real Property Commercial Law Broker's Commission Deposit Conditions Compliance With Instructions +2 more

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Parties

E. W. Reser

Appellant / Defendant

W. M. Yates

Respondent / Plaintiff

Procedural Posture

Appeal (civil; Sale of Land, Broker Commission) / On Appeal to the Supreme Court of Canada From the Supreme Court of Saskatchewan

Legal Issues

  1. 1 Whether the broker complied with the terms of his authority to entitle him to commission
  2. 2 Whether a deposit credited to the purchasers' account but not earmarked satisfied the vendor's condition
  3. 3 Whether the broker had a duty to notify or earmark the deposit with the bank to secure vendor's rights

Ratio Decidendi

The Supreme Court held that the purchasers' deposit credited to their own account without notice to the bank or appropriation to the purchase did not comply with the vendor's express condition; the broker failed to secure or earmark the deposit by the deadline and therefore was not entitled to commission.

Court Disposition

Appeal allowed; judgment for defendant (appellant) with costs.

Orders

  • Appeal allowed; judgment entered for the defendant with costs.