Canada Judgment

Supreme Court of Canada

Godson v. Greer

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Source document

01

Holding and result

The appeal was dismissed because the respondent continued to render services accepted by the appellant and materially assisted in effecting the transfer; those continuing and accepted services entitled the respondent to the commission despite subsequent dealings by another broker.

Court disposition

Appeal dismissed with costs; judgment of Court of Appeal for British Columbia and trial court affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment for respondent affirmed

02

Material facts

Parties

Godson

Appellant Counsel: A. H. MacNeil K.C.

Greer

Respondent Counsel: Eug. Lafleur K.C.

Amounts and remedies

  • Judges Count: 5
  • Report Volume: 60
  • Report Page: 653
  • Months Between Agreement and Sale: 9

03

Procedural history

  1. Posture

    Appeal (agency/contract) / Final Appeal Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted that no commission was owing because the purchaser was obtained by another broker who dealt directly with the appellant after a chain of passing enquiries, breaking any causal link to the respondent; consequently the respondent did not procure the sale.
Respondent
Respondent submitted that he continued to render services which were accepted by the appellant up to the time of sale and materially assisted in obtaining government consent to transfer the ship; those continuing and accepted services entitled him to the commission.

05

Court’s reasoning

  1. 01

    Common law agency principles as applied by the Supreme Court of Canada in Godson v. Greer (1920) 60 S.C.R. 653

    An agent who continues to provide services accepted by the principal and who materially contributes to enabling the transfer is entitled to the agreed commission even if another broker later completes the direct negotiation.

  2. 02

    Supreme Court of Canada judgment in Godson v. Greer (1920) 60 S.C.R. 653

    A break in the chain of passing enquiries does not automatically deprive an earlier agent of a right to commission if the agent's efforts remain operative and are accepted by the principal.

06

Ratio, limits and disposition

Ratio decidendi

The appeal was dismissed because the respondent continued to render services accepted by the appellant and materially assisted in effecting the transfer; those continuing and accepted services entitled the respondent to the commission despite subsequent dealings by another broker.

Obiter and limits

  • The lapse of time (about nine months) between initial agreement and the final arrangement did not per se defeat the respondent's claim.
  • Passage of the introduction through a series of brokers does not automatically extinguish the original agent's claim where the agent's services remain effective and accepted by the principal.

Court disposition

Appeal dismissed with costs; judgment of Court of Appeal for British Columbia and trial court affirmed.

  • Appeal dismissed with costs
  • Judgment for respondent affirmed

Source and reliance status

Supreme Court of Canada · 2 November 1920

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 2 November 1920

(1920) 60 SCR 653

Godson v. Greer Collection Supreme Court Judgments Date 1920-11-02 Report (1920) 60 SCR 653 Judges Davies, Louis Henry; Idington, John; Duff, Lyman Poore; Anglin, Francis Alexander; Mignault, Pierre-Basile On appeal from British Columbia Subjects Agency Decision Content Supreme Court of Canada Godson v. Greer, (1920) 60 S.C.R. 653 Date: 1920-11-02 Godson v. Greer. 1920: October 26; 1920 November 2. Present: Sir Louis Davies C.J. and Idington, Duff, Anglin and Mignault JJ. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA. Principal and agent—Sale of ship—Commission. APPEAL from the judgment of the Court of Appeal for British Columbia[1] affirming the judgment of the trial judge, Clement J. and maintaining the respondent's, plaintiff's, action. The appellant promised the respondent a commission if respondent made sale of a ship. The respondent employed a broker as sub-agent who mentioned the matter to another broker and it was passed on through others until, about nine months after the agreement with the respondent, a broker to whom the matter was mentioned came to the appellant and made an arrangement directly with him resulting in a purchaser being obtained. The respondent however continued his services, which were accepted by the appellant, up to the time of sale, and was of assistance in procuring the government's consent to a transfer of the ship to a foreign registry. The Supreme Court of Canada, having heard counsel and reserved judgment, dismissed the appeal. Appeal dismissed with costs. A. H. MacNeil K.C. for the appellant. Eug. Lafleur K.C. for the respondent. [1] [1920] 2 W.W.R. 217.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

(1920) 60 S.C.R. 653

Case cited

[1920] 2 W.W.R. 217

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