19 Jun 2007
ZONDAG V ZONDAG AND ZONDAG-SNELDERS HC HAM CIV-2003-419-328
- Citation
- openlaw-24a1c249_52c6_4be7_b1ec_7ed7555dd3ef.pdf
- Court
- High Court
Court found that on the evidence a fixed price contract existed for the lot 6 house (price borne out by the October 2001 cost plan and parties' conduct), that part performance established enforceability of an oral agreement to transfer the excavated parking area (327m2) and an additional 10m2 for the septic tank (but not the 1,676m2 claim), and that the January 2003 statement contained multiple invoice overcharges and dishonestly altered invoices; assessing the January 2003 statement net of proved overcharges and disallowing unauthorized markups/remuneration, the court computed the correct pr…