Mayes v. The Queen

Mayes v. The Queen

The Crown is not liable: the engineer had no authority to bind the Crown to an inspection in North Carolina (any promise was gratuitous) and the contract expressly barred claims for delay, therefore the demurrer was properly allowed and the appeal dismissed with costs.

Citation
(1894) 23 SCR 454
Parties
Appellant (contractor): Gershon S. Mayes; Respondent (crown): Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 May 1894
Procedural Posture
Contract (petition of Right) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Delay, Inspection of Materials, Authority of Government Agents, Exclusion Clause, Order in Council Requirement
Source Language
English
Contract Public Works Administrative Law Government Contracts Delay Inspection of Materials Authority of Government Agents Exclusion Clause +1 more

Case Brief

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Parties

Gershon S. Mayes

Appellant (contractor)

Her Majesty The Queen

Respondent (crown)

Procedural Posture

Contract (petition of Right) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada

Legal Issues

  1. 1 Whether a government engineer had authority to bind the Crown by agreeing to inspect timber in North Carolina
  2. 2 Whether an alleged agreement to inspect created a binding obligation on the Crown absent an order in council
  3. 3 Whether a contractual clause excluding claims for delay bars the contractor's claim for damages

Ratio Decidendi

The Crown is not liable: the engineer had no authority to bind the Crown to an inspection in North Carolina (any promise was gratuitous) and the contract expressly barred claims for delay, therefore the demurrer was properly allowed and the appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Demurrer allowed.
  • Appeal dismissed with costs.