Western Law Reporter (Canada) and Index-Digest Volume 26
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...all. He was anxious to make the loan secure._ As the defendant negotiated with him, I surmise that he requested the defendant to go on the covenant, and the defendant, having nothing to fear, knowing the plaintiff well and knowing the property, thought he was taking no risk in' doing so, and, as the sequal shewed, he was not. ' The admission sworn to by Mr. Allen amounts to very little, and could not be construed as an admission that the defendant had a proprietary interest sufficient to establish the trust. Mr. Battram could not be sure whether he got the impression that both were interested in the property from the plaintifi or the defendant. It is true that he charged his services to the defendant, and so notified him. He evidently became aware that he was wrong in charging the defendant, because, when he comes to render a formal bill, he makes it out to the plaintiff. He was probably informed of his error by the defendant when notified that the bill was charged to him. The evidence of Mr. Haig is definite; but, as against the plaintiffs positive denial, I could not hold that the admission was made, on the recollection of a busy man such as Mr. Haig is, concerning a fact as to which he had no particular interest. vor.. xxvr. w.r..a. ivo. 6-330 The defendant also relied upon the fact that he gave the 1nortgagee's solicitors his own cheque for $125, payable to Weir & Wilson, sub-contractors, in respect of the houses, when it appeared that there might be a shortage in the loans. This cheque was not used, and was returned to the defendant. He also adjusted the taxes with one of the purchasers of one of the houses after the plaintiff had gone to Scotland for a visit, and paid for the plaintiff in respect of such...
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