Glendinning v. Cavanagh

The broker was entitled to commission on the full amount received because the sale to the later purchaser was a continuation of the contract introduced by the broker, not an independent sale; however, no separate commission was allowed in respect of the $20,000 reduction to the original price.

Citation: (1908) 40 SCR 414
Parties: Defendant Appellant: George Glendinning; Defendant Appellant: Murdock McLeod; Plaintiff Respondent: Alexander Cavanagh and Others
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 16 June 1908
Procedural Posture: Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome: Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed
Legal Topics: Commission, Sale of Land, Principal and Agent, Continuation of Contract
Source Language: English

Agency Commission Sale of Land Principal and Agent Continuation of Contract

Case Brief

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

George Glendinning

Defendant Appellant

Murdock McLeod

Defendant Appellant

Alexander Cavanagh and Others

Plaintiff Respondent

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

1 Whether broker entitled to commission on the full amount received where purchaser changed and later sale occurred
2 Whether the later sale was independent or a continuation of the contract introduced by the broker
3 Whether commission was payable in respect of a $20,000 reduction in the originally agreed price

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed

Orders

Appeal dismissed with costs
Judgment of the Court of Appeal for Ontario affirmed