The appellants appealed a trial judge's finding that they owed the respondent commission under an oral contract for the sale of stone.
The appellants argued the trial judge ignored evidence that not all the stone had been sold, which was the triggering term for the commission.
The Divisional Court dismissed the appeal, finding no palpable and overriding error.
The trial judge's conclusion was supported by the respondent's evidence, which she found credible, and an admission by the appellants that commission was owed.
