Isny International Inc. v. Frye's Woodyard Ltd., (1990) 112 N.B.R.(2d) 76 (TD)

• Judge: Jones, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 18, 1990
• Jurisdiction: New Brunswick
• Citations: (1990), 112 N.B.R.(2d) 76 (TD)

Isny Intl. Inc. v. Frye's Woodyard (1990), 112 N.B.R.(2d) 76 (TD);

    112 R.N.-B.(2e) 76; 281 A.P.R. 76

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Isny International Inc. (plaintiff) v. Frye's Woodyard Ltd., doing business as "Bev Frye Shipping" (defendant) and Havana Potatoes Corp. (third party)

(S/C/1068/89)

Indexed As: Isny International Inc. v. Frye's Woodyard Ltd.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Jones, J.

December 27, 1990.

Summary:

The plaintiff sued the defendant for monies allegedly owing for the transportation of Christmas trees. The defendant denied liability, claiming it contracted as agent for the third party.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action. The court accepted the plaintiff's evidence that it dealt with the defendant without the defendant advising the plaintiff that it was contracting as agent on the thrid party's behalf.

Agency - Topic 5030

Relations between agent and third parties - Contracts - Where agent contracts in own name - The New Brunswick Court of Queen's Bench, Trial Division, stated that "where a party contracts for the rendering of services with another and seeks to have no personal liability because such party is acting as an agent clearly the onus is on that party to acquaint the one providing the service of the fact that their contract is with such principal and not with the agent. If the agent makes a clear disclosure so that it is known by the party rendering the service, then the agent may well not have liability as an agent" - See paragraph 32.

Cases Noticed:

Price v. Boivin (1989), 104 N.B.R.(2d) 47; 261 A.P.R. 47 (T.D.), refd to. [para. 32].

McNulty Cartage Ltd. v. McManus (1980), 29 N.B.R.(2d) 332; 66 A.P.R. 332, refd to. [para. 32].

McLellan v. Geldert (1982), 38 N.B.R.(2d) 310; 100 A.P.R. 310 (T.D.), refd to. [para. 32].

Counsel:

David G. O'Brien, for the plaintiff;

G. Melvin Turner, for the defendant, Frye's Woodyard Ltd.

This action was heard on October 18, 1990, before Jones, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following judgment on December 27, 1990.