Keeler and Keeler v. Jack's Real Estate Ltd. and Jack, (1979) 1 Sask.R. 444 (CA)

• Judge: Woods, Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 21, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 444 (CA)

Keeler v. Jack's Real Estate Ltd. (1979), 1 Sask.R. 444 (CA)

MLB headnote and full text

Keeler and Keeler v. Jack's Real Estate Ltd. and Jack

(No. 7014)

Indexed As: Keeler and Keeler v. Jack's Real Estate Ltd. and Jack

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

November 21, 1979.

Summary:

This case arose out of the employment of a real estate agent by a farmer to sell 1,280 acres of farm land. The agent purchased from the farmer 640 acres for himself and approximately four months later the agent sold the 640 acres at a profit of $29,450.00. The farmer sued the agent to recover the profit of $29,450.00. The trial court allowed the farmer's action. The agent appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the agent's liability to account to the farmer for the profit of $29,450.00.

Agency - Topic 3128

Relations between principal and agent - Agent's duty to account for profits - A real estate agent was employed by a farmer to sell 1,280 acres of farm land - The agent purchased from the farmer 640 acres for himself and approximately four months later the agent sold the 640 acres at a profit of $29,450.00 - The Saskatchewan Court of Appeal held that the farmer was entitled to recover the $29,450.00 from the agent because an agent must account to his principal for all profits resulting from his position as agent - In addition, the Court of Appeal stated that the agent failed to make full disclosure to his principal - See paragraph 12.

Cases Noticed:

Regal (Hastings) Limited v. Gulliver, [1942] 1 All E.R. 378, refd to. [para. 9].

Authors and Works Noticed:

Fridman, Law of Agency (2nd Ed.), page 124 [para. 8].

Bowstead on Agency (13th Ed.), page 132 [para. 11].

Counsel:

Paul Hrabinsky, Q.C., for the appellants;

Robert Kohaly, Q.C., for the respondents.

This appeal was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal, on May 7, 1979.

The judgment of the Court of Appeal was delivered by WOODS, J.A., on November 21, 1979.