Supreme Court of Canada
French River Tug Co. v. Kerr Engine Co., 24 S.C.R. 703
Date: 1895-03-11
French River Tug
Co.
and
The Kerr Engine Co.
1894: October 24; 1895: March 11.
Present: Sir Henry Strong C.J., and
Taschereau, Gwynne, Sedgewick and King JJ.
Contract—Building of engine and boiler—Time
for completion—Damages—Construction of contract.
APPEAL from a decision of the Court of Appeal
for Ontario,
reversing the judgment of the Divisional Court in favour of the appellants.
[Page 704]
The action in this case was for the contract
price of building an engine and boiler for defendants (appellants), and the
defence was that the work was not done within the delay provided for in the
contract and that defendants were entitled to deduct $20 a day for each day's
default in completion as the agreement allowed. They paid the balance into
court.
The trial judge held plaintiffs entitled to
recover finding that the delay was occasioned by defendants, but he deducted a
small amount as damages for delay for a time attributable to plaintiffs. The
Divisional Court reversed this judgment and dismissed the action. The Court of
Appeal restored the original judgment and allowed plaintiffs the amount
deducted at the trial.
The Supreme Court was of opinion that the delay
was caused by the defendants themselves, and that the Court of Appeal rightly
held plaintiffs entitled to recover the full contract price.
Appeal dismissed with costs.
Moss Q.C. for the appellants.
McCarthy Q.C. for the respondents.
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