Harvey v Devereux [1915] HCA 2

Harvey v Devereux [1915] HCA 2

The meaning of 'full account' in the contract is an account showing in full the number of fruit cases relevant to payment, not a detailed list of all fruit varieties. The plaintiff's account satisfied this requirement, and any alleged deficiency would not entitle the defendant to a nonsuit.

Parties
Appellant, Plaintiff: Robert Harvey; Respondent, Defendant: Alexander Perey Devereux
Jurisdiction
Australia
Judgment Date
15 February 1915
Procedural Posture
Contract Dispute (appeal) / Appeal From Supreme Court of Tasmania
Outcome
Appeal allowed; nonsuit set aside; verdict restored for plaintiff.
Legal Topics
Interpretation of Guarantee, Obligation to Render Full Account
Contract Law Interpretation of Guarantee Obligation to Render Full Account

Case Brief

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Parties

Robert Harvey

Appellant, Plaintiff

Alexander Perey Devereux

Respondent, Defendant

Procedural Posture

Contract Dispute (appeal) / Appeal From Supreme Court of Tasmania

Legal Issues

  1. 1 What constitutes a 'full account' under the contract?
  2. 2 Is the plaintiff entitled to payment based on the account provided?

Ratio Decidendi

The meaning of 'full account' in the contract is an account showing in full the number of fruit cases relevant to payment, not a detailed list of all fruit varieties. The plaintiff's account satisfied this requirement, and any alleged deficiency would not entitle the defendant to a nonsuit.

Court Disposition

Appeal allowed; nonsuit set aside; verdict restored for plaintiff.

Orders

  • Order appealed from discharged.
  • Motion for nonsuit dismissed with costs.