Citation(s) [1898] 1 QB 673 | Date decided March 18, 1898 | |
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Court Court of Appeal of England and Wales Similar Cutter v Powell, Hoenig v Isaacs, Bolton v Mahadeva, Davis Contractors Ltd v Fare, Hochster v De La Tour | ||
Sumpter v hedges 1898 1 qb 673
Sumpter v Hedges [1898] 1 QB 673 is an English contract law case, concerning substantial performance of a contract and restitution for unjust enrichment.
Contents
Facts
Mr Sumpter was a builder. He had a contract to build two houses and stables for Mr Hedges for £560. He did work valued at £333 and said he had to stop because he had no more money. Substantial payments on account have in fact been made to the builder. Hedges finished the building, using materials which Sumpter had left behind. Sumpter sued for the outstanding money.
Bruce J found that Mr Sumpter had abandoned the contract, and said he could obtain money for the value of the materials but nothing for the work.
Judgment
The Court of Appeal found that Mr Sumpter had abandoned the building work and emphasised that this left Mr Hedges without any choice of whether to adopt the work. They held that Mr Hedges did have to pay for the building materials that he used, but did not need to reimburse Mr Sumpter for the half-built structures. AL Smith LJ gave the leading judgment.
Chitty LJ concurred.
Collins LJ concurred.