Mark Jacque Upholstery v. Buchanan

Mark Jacque Upholstery v. Buchanan

Adjudicator found a verbal contract existed at an original quoted price of $2,900, installation was to occur at the claimant’s shop, the claimant was entitled to $106 for fender welting, no deduction for the $1,100 installation cost was allowed for lack of evidence, and net judgment after the $1,000 deposit is $2,006 with payment to be held in escrow conditional on delivery by the claimant at his expense.

Citation
2017 NSSM 63
Parties
Claimant: Mark Jacques Custom Upholstery; Defendant: Larry Buchanan
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 May 2017
Procedural Posture
Small Claims Court (nova Scotia) / Decision (adjudication)
Outcome
Judgment for Claimant in the amount of $2,006 with additional directions regarding escrow, delivery and costs.
Legal Topics
Breach of Contract, Payment for Services, Quantum Meruit, Set Off, Costs, Specific Performance
Source Language
English
Contract Consumer Services Civil Procedure Breach of Contract Payment for Services Quantum Meruit Set Off Costs +1 more

Case Brief

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Parties

Mark Jacques Custom Upholstery

Claimant

Larry Buchanan

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Decision (adjudication)

Legal Issues

  1. 1 Existence and scope of a verbal contract for automotive upholstery
  2. 2 Whether defendant’s change requests increased work and entitle claimant to additional compensation
  3. 3 Proper location for installation and whether defendant is entitled to deduction for installation costs

Ratio Decidendi

Adjudicator found a verbal contract existed at an original quoted price of $2,900, installation was to occur at the claimant’s shop, the claimant was entitled to $106 for fender welting, no deduction for the $1,100 installation cost was allowed for lack of evidence, and net judgment after the $1,000 deposit is $2,006 with payment to be held in escrow conditional on delivery by the claimant at his expense.

Court Disposition

Judgment for Claimant in the amount of $2,006 with additional directions regarding escrow, delivery and costs.

Orders

  • Judgment awarded to Claimant in the net amount of $2,006.00.
  • Allow $106.00 for fender welting as part of the award.