Steel v Young [1907] ScotCS CSIH_4 (11 January 1907)

Steel v Young [1907] ScotCS CSIH_4 (11 January 1907)

The pursuer materially breached the contract by substituting milled lime for cement mortar without the defender's authorisation; such a deviation is not a mere matter of detail and bars recovery of the contract price.

Citation
[1907] ScotCS CSIH_4
Parties
Pursuer: Steel; Defender: Young
Jurisdiction
Scotland
Judgment Date
11 January 1907
Procedural Posture
Building Contract Dispute / Appeal
Outcome
appeal dismissed; defender assoilzied (absolved)
Legal Topics
Breach of Contract, Building Contracts, Performance of Contract, Remedies for Breach
Contract Law Construction Law Breach of Contract Building Contracts Performance of Contract Remedies for Breach

Case Brief

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Parties

Steel

Pursuer

Young

Defender

Procedural Posture

Building Contract Dispute / Appeal

Legal Issues

  1. 1 Whether the pursuer's use of milled lime instead of cement mortar constituted a breach of contract
  2. 2 Whether the architect was authorised by the defender to approve the substitution
  3. 3 What remedy, if any, is available to the pursuer after a material deviation from the contract

Ratio Decidendi

The pursuer materially breached the contract by substituting milled lime for cement mortar without the defender's authorisation; such a deviation is not a mere matter of detail and bars recovery of the contract price.

Court Disposition

appeal dismissed; defender assoilzied (absolved)

Orders

  • Interlocutor of the Sheriff-substitute affirmed with variation
  • Pursuer's claim for contract balance dismissed