Viscount Maugham.: -

This is an appeal from a judgment of the Supreme Court of Canada dated 19th December 1938, which (by a majority of three Judges to two) reversed the judgment of the supreme Court of New Brunswick, appellate division. The latter had dismissed an appeal from a judgment of Chief Justice of New Brunswick.

The divergence of judicial opinion is striking, since six Judges in Canada were in favour of the present appellants and three-the majority in the Supreme Court of Canada- took the other view. These differences have perhaps been accentuated by the curious shape which the proceedings assumed. The main question has throughout been whether certain covenants entered into by Bernard Connors, the present respondent, with the appellants or any of those covenants are enforceable or whether on the other hand they are unenforceable as being in restraint of trade. This question has been raised not in proceedings instituted by the covenantee to enforce some or one of the covenants, but by an Originating Summons issued under O. 54A of the Rules of the Supreme Court of New Brunswick by the covenantor (the respondent, seeking to have it determined whether upon the construction of t