Summers v Commonwealth [1919] HCA 20

Summers v Commonwealth [1919] HCA 20

The contract obliges the supplier to provide blocks matching the specified dimensions in the schedule, each eligible to be worked into a single piece as specified, not larger blocks from which multiple pieces could be cut.

Parties
Plaintiff: Charles Francis Summers; Defendant: The Commonwealth
Jurisdiction
Australia
Judgment Date
15 May 1919
Procedural Posture
Contract Appeal / High Court Appeal
Outcome
appeal dismissed with costs
Legal Topics
Construction of Building Contracts, Interpretation of Supply Specifications
Contract Law Construction of Building Contracts Interpretation of Supply Specifications

Case Brief

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Parties

Charles Francis Summers

Plaintiff

The Commonwealth

Defendant

Procedural Posture

Contract Appeal / High Court Appeal

Legal Issues

  1. 1 Whether the contract entitled Summers to supply large blocks from which multiple scheduled pieces could be cut, or only single-piece blocks matching the schedule dimensions.

Ratio Decidendi

The contract obliges the supplier to provide blocks matching the specified dimensions in the schedule, each eligible to be worked into a single piece as specified, not larger blocks from which multiple pieces could be cut.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.