Armsworthy v. Walton

Armsworthy v. Walton

No enforceable collateral "three-house" agreement was proved; the written contract governed and was not incomplete, so Claimant was not entitled to the extra $5,000. Delays were caused primarily by the framer's illness and weather and did not constitute contractual breach or negligence by the Claimant. Defendant...

Source-derived case information.

Citation
2008 NSSM 28
Parties
Claimant: Dean F. Armsworthy; Defendant: Susan Jane Walton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 May 2008
Procedural Posture
Small Claims Court Contract Dispute / Hearing and Decision
Outcome
Judgment for Claimant in part; majority of Claimant's claim allowed except $5,000 collateral claim disallowed and $750 landscaping deduction applied; childcare counterclaim denied
Legal Topics
Project Management Contract, Collateral (oral) Contract, Delay and Liability, Counterclaim for Consequential Expenses, Set Off/deductions, Costs
Source Language
english
Contract Construction Property/builders Lien Civil Procedure Project Management Contract Collateral (oral) Contract Delay and Liability Counterclaim for Consequential Expenses +2 more

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 4 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Dean F. Armsworthy

Claimant

Susan Jane Walton

Defendant

Procedural Posture

Small Claims Court Contract Dispute / Hearing and Decision

Legal Issues

  1. 1 Whether an oral collateral "three-house deal" existed entitling Claimant to additional fee
  2. 2 Whether the Claimant breached contract or was liable for construction delays
  3. 3 Whether the Defendant's counterclaim for childcare/overtime expenses is recoverable

Ratio Decidendi

No enforceable collateral "three-house" agreement was proved; the written contract governed and was not incomplete, so Claimant was not entitled to the extra $5,000. Delays were caused primarily by the framer's illness and weather and did not constitute contractual breach or negligence by the Claimant. Defendant conceded no entitlement to the landscaping deposit, so $750 withheld was not justified. Judgment entered for Claimant for $3,470.00 plus costs of $170.88.

Court Disposition

Judgment for Claimant in part; majority of Claimant's claim allowed except $5,000 collateral claim disallowed and $750 landscaping deduction applied; childcare counterclaim denied

Orders

  • Judgment against Defendant Susan Jane Walton for $3,470.00
  • Costs awarded to Claimant in the amount of $170.88