ISUFIT (PAINTER) V. THEODORE TAYLOR (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Breach of contract—Agreement for repairs—Quantum, meruit.

Facts

The repairs (painting, _;etc.) in premises had been completed but Divisional defendant refused a further advance under the agreement on the ground exercising

that the work was bad,exercising

appellate

The Magistrate found the’ defendant guilty of a breach of contract in jurisdiction. refusing a second advance and awarded plaintiff £5 damages for breach.

Divisional Court came to the conclusion that the plaintiff had not proved his case but did not specifically direct what judgment should be entered in the Magistrate’s Court.

Held

That the Magistrate went beyond the scope of the issue before him and that as the plaintiff failed to prove his claim, it should have been dismissed. There was no suggestion that the £5 was awarded by way of quantum meruit. Appeal dismissed and order made in lieu of the order in the Divisional Court.

The appeal is dismissed and the following order is made in lieu of the order made in the Divisional Court.