Is an agent who has sold a property but received a secret profit from the purchaser not entitled to a commission from his principal?
Saskatchewan, Canada
The following excerpt is from White Fox Alfalfa Seed Growers Co-operative Marketing Association Limited v. A. E. McKenzie Limited (No. 2), 1941 CanLII 112 (SK QB):
In Andrew v. Ramsay & Co. [1903] 2 K.B. 635, 72 L.J.K.B. 865, it was held as in the headnote stated: “An agent to sell property who has sold the property but received a secret profit from the purchaser must not only account for that profit to his principal, but is not entitled to any commission from his principal.”
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