Transcript(s) Full text of judgment | ||
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Citation(s) [1952] EWCA Civ 6, 2 All ER 176 Court Court of Appeal of England and Wales Similar Cutter v Powell, Bolton v Mahadeva, Sumpter v Hedges, Hochster v De La Tour, Davis Contractors Ltd v Fare | ||
Hoenig v isaacs 1952 2 all er 176
Hoenig v Isaacs [1952] EWCA Civ 6 is an English contract law case, concerning substantial performance of an entire obligation.
Contents
Facts
Mr Hoenig was meant to decorate and furnish Mr Isaac’s flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaac refused to pay the £350 outstanding.
Judgment
Somervell LJ noted each case turns on the construction of the contract. Where there is substantial performance of the contract, then money must be paid. The work was done, and then there was merely a damages claim in respect of the faulty bits.
Denning LJ gave judgment as follows.
Romer LJ concurred.
References
Hoenig v Isaacs Wikipedia(Text) CC BY-SA