HINDMARSH AND ANOTHER v. BRIGHAM & COWAN, LTD.

(1943) 76 Ll L Rep 141

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Repairs to ship - Commission - Account - Memorandum of agreement dated Mar. 1, 1930, between H. and B. & C. under which H., subject to certain exceptions, was to receive commission on repairing work "to all Bristol Channel vessels" executed by B. & C. at South Shields and Hull - Death of H. on Oct. 12, 1938-Commissions due-Claim brought by personal representatives of H. against B. & C.-Right of H. to commission in respect of repairs to C. N. Co. ships and to D. Line ships-H. employed as marine superintendent of C. N. Co.- Conflict of interest - Contentions by defendants (1) as regards D. Line ships, that such vessels were expressly excluded by oral agreement between the parties; (2) as regards C. N. Co. ships, that H. was not entitled to commission on such vessels because his principals, C. N. Co., had not expressly assented to such an arrangement-Payment into Court.