Whiting v. Blondin

Whiting v. Blondin

Because the contracted works were not fully completed when the respondents commenced their action, the contractual condition precedent to payment had not been fulfilled and the respondents had no right of action for the contract price; therefore the judgments below were erroneous and the appeal must be allowed.

Source-derived case information.

Citation
(1904) 34 SCR 453
Parties
Appellant: Anna L. Whiting; Respondent: Adrien Blondin; Respondent: Oscar Daoust
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 March 1904
Procedural Posture
Contract (construction) / Appeal to Supreme Court of Canada From Court of Review, Province of Quebec (judicial Review of Superior Court Judgment)
Outcome
Appeal allowed with costs; judgments of Superior Court and Court of Review reversed.
Legal Topics
Condition Precedent, Completion of Work, Quantum Meruit, Liquidated Damages, Right of Action
Source Language
english
Contract Law Condition Precedent Completion of Work Quantum Meruit Liquidated Damages Right of Action

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Anna L. Whiting

Appellant

Adrien Blondin

Respondent

Oscar Daoust

Respondent

Procedural Posture

Contract (construction) / Appeal to Supreme Court of Canada From Court of Review, Province of Quebec (judicial Review of Superior Court Judgment)

Legal Issues

  1. 1 Whether full completion of the contracted works was a condition precedent to payment
  2. 2 Whether contractors could sue for the contract price before completing the work
  3. 3 Whether the trial judge erred in refusing to allow amendment to add a quantum meruit claim

Ratio Decidendi

Because the contracted works were not fully completed when the respondents commenced their action, the contractual condition precedent to payment had not been fulfilled and the respondents had no right of action for the contract price; therefore the judgments below were erroneous and the appeal must be allowed.

Court Disposition

Appeal allowed with costs; judgments of Superior Court and Court of Review reversed.

Orders

  • Appeal allowed with costs in all courts
  • Judgment of the Court of Review (affirming Superior Court) reversed