FINN V. LEMCKE 6/1941

FINN V. LEMCKE 6/1941

Certain items claimed by the plaintiff, such as the six-inch pipe and drains under the basement, were part of the contract works as included under 'drainage'. The omission of the galvanised iron roof was not established as an agreed deduction. The plaintiff's claim for negligence in fixing the basin failed for lack of proof. Delay in providing roofing resulted in liability for the cost of temporary protection.

Parties
Plaintiff: Robert Pearce Finn; Defendant: Frederick William Lemcke
Jurisdiction
Australia
Judgment Date
08 June 1942
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment in part for both parties, with set-off of amounts and costs paid as specified.
Legal Topics
Building Contracts, Implied Terms, Quantum Meruit, Counterclaim, Set Off
Contract Law Building Contracts Implied Terms Quantum Meruit Counterclaim Set Off

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Parties

Robert Pearce Finn

Plaintiff

Frederick William Lemcke

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether certain works claimed by the plaintiff were included in the contract price or were extras
  2. 2 Whether the defendant's deductions from the contract price were justified
  3. 3 Interpretation of the scope of 'plumbing' and 'drainage' in the subcontract

Ratio Decidendi

Certain items claimed by the plaintiff, such as the six-inch pipe and drains under the basement, were part of the contract works as included under 'drainage'. The omission of the galvanised iron roof was not established as an agreed deduction. The plaintiff's claim for negligence in fixing the basin failed for lack of proof. Delay in providing roofing resulted in liability for the cost of temporary protection.

Court Disposition

Judgment in part for both parties, with set-off of amounts and costs paid as specified.

Orders

  • Judgment for the plaintiff on the claim for £272.17.2
  • Judgment for the defendant on the counterclaim for £262.6.8