Lord Atkin:-

This litigation arises from a series of transactions which their Lordships think are rightly stigmatized as frauds perpetrated by one Deacon upon farmers who were growers of tobacco in Essex County in Ontario in the year 1919. Deacon was at the time, the factory manager of a limited company, the Foster Tobacco Co. Ltd., which carried on business as tobacco manufacturers in Leamington. The Foster Company was in 1919 doing little if any business. In June 1919, Deacon was appointed by the Dominion Company of Montreal their tobacco buyer for the County of Essex or elsewhere in Ontario for one year on a commission of half cent, per pound. Deacon was not to act as tobacco buyer for any other person except the Foster Co. Ltd., without the Dominion Company's written consent. It was alleged by the Foster Company that Deacon, being sent to Montreal to obtain this contract for the company, wrongfully obtained it for himself. Apparently this dispute was disposed of by Deacon agreeing to share with the company or with Mr. Brown, the President of the company, the commission earned under the contract.

The Dominion Tobacco Company was a firm the partners in which were the Messrs, Goldst