Simonite v. Moxam

Simonite v. Moxam

The appellant failed to prove he was the procuring cause of the sale and did not establish employment/authority or estoppel to compel payment of a commission; accordingly the appeal was dismissed and no commission was awarded.

Citation
[1930] SCR 334
Parties
Appellant (real Estate Agent): Simonite; Respondent (builder): Moxam
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 October 1929
Procedural Posture
Civil Appeal (agency/real Property) / On Appeal From the Court of Appeal for Manitoba to the Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Commission, Procuring Cause, Causation, Intervention of Another Agent, Estoppel
Source Language
English
Agency Real Property Contract Law Equity Commission Procuring Cause Causation Intervention of Another Agent +1 more

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Parties

Simonite

Appellant (real Estate Agent)

Moxam

Respondent (builder)

Procedural Posture

Civil Appeal (agency/real Property) / On Appeal From the Court of Appeal for Manitoba to the Supreme Court of Canada

Legal Issues

  1. 1 Whether appellant was entitled to commission for procuring a purchaser
  2. 2 Whether introduction of another agent/buyer broke the chain of causation
  3. 3 Whether estoppel or other equitable principles prevented respondent denying appellant's claim

Ratio Decidendi

The appellant failed to prove he was the procuring cause of the sale and did not establish employment/authority or estoppel to compel payment of a commission; accordingly the appeal was dismissed and no commission was awarded.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.