Lord Maugham:-

This is an appeal by special leave from a judgment of the Supreme Court of Canada, dated 21st December 1934, reversing a judgment of the Appellate Division of the Supreme Court of Alberta, dated 24th March 1934, which allowed an appeal from the judgment of Boyle, J., the trial Judge. It may be mentioned here that there was a jury at the trial until the close of the evidence; but counsel for both parties agreed that the jury should be dispensed with and the decision of the case was left to the trial Judge who gave judgment in favour of the respondent for the full amount of her claim, viz., for $13,356 with costs. The judgment was reversed and the action was dismissed by the Appellate Division (McGillivray, J. A., dissenting). The Supreme Court of Canada restored the judgment of the trial Judge in respect of the claim for $8,500. The reasons for the judgment were delivered by Duff, C. J., Crockett, Hughes and Maclean, JJ., concurring; but there was a dissenting judgment by Cannon, J. The present appeal is concerned only with the claim for $8,500 with interest from 29th June 1929, and it will be unnecessary to deal with anything but that claim.

The respondent is the widow