The appellants appealed a trial judgment finding them liable for unpaid construction work.
The principal issue on appeal was whether the trial judge erred in refusing to re-open the trial to admit articles of revival for a dissolved corporate defendant, which the individual appellant sought to introduce after judgment was rendered.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's conclusion that the evidence could have been discovered sooner with reasonable diligence and that the refusal to re-open the trial was a proper exercise of discretion.