Bridgman v. Hepburn

Bridgman v. Hepburn

Because the agent was retained to procure a purchaser at a specified price and failed to do so, he was not entitled to commission on a subsequent sale to the same person at a lower price; where a named price is specified, the agent must show clearly an intention that commission would apply to any sale price.

Citation
(1908) 42 SCR 228
Parties
Appellant / Plaintiff: Bridgman; Respondent / Defendant: Hepburn
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 1908
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada; Judgment Reserved and Subsequently Dismissed With Costs
Outcome
Appeal dismissed with costs.
Legal Topics
Sale of Land, Agent Commission, Broker Procuring Purchaser, Principal Agent Relationship
Source Language
English
Property Agency Contract Sale of Land Agent Commission Broker Procuring Purchaser Principal Agent Relationship

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Parties

Bridgman

Appellant / Plaintiff

Hepburn

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada; Judgment Reserved and Subsequently Dismissed With Costs

Legal Issues

  1. 1 Whether an agent engaged to procure a purchaser at a specified price is entitled to commission when a sale is later effected to the introduced person at a lower price
  2. 2 Whether the mere introduction of a purchaser by an agent entitles the agent to commission where the agent failed to procure a sale at the agreed price
  3. 3 Which party bears the burden of proving the parties intended commission to apply to any sale price rather than a named price

Ratio Decidendi

Because the agent was retained to procure a purchaser at a specified price and failed to do so, he was not entitled to commission on a subsequent sale to the same person at a lower price; where a named price is specified, the agent must show clearly an intention that commission would apply to any sale price.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.