CORNISH v. THORNETT & FEHR.

(1929) 33 Ll.L.Rep. 281

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Sankey and Lord Justice Russell.

Master and servant-Contract of service - Remuneration - Settlements of accounts in respect of years 1919 and 1920-Claim by plaintiff against employers (defendants) to set aside settlements and to reopen accounts on ground of misrepresentation and concealment -"A proportionate part of all office and incidental expenses including E.P.D. payable on the profits of the 'F' Department . . . shall be taken into account and deducted . . ."-Construction -E.P.D. paid by defendants for year 1919-Repayment of E.P.D. in 1921 (before dates of settlements) consequent upon losses sustained by defendants in 1920-Whether there was a duty to disclose repayment-Finding by learned trial Judge that defendants were guilty of fraudulent misrepresentation - Judgment entered for plaintiff - Appeal - Duty of appeal Court-Conclusions as to credibility of witness-