Supreme Court of Canada
Blais v. Paradis, [1933] S.C.R. 452
Date: 1933-05-16.
Blais v. Paradis
1933: May 15, 16.
Present: Duff C.J. and Rinfret, Lamont,
Smith and Cannon JJ.
ON APPEAL FROM THE COURT OF KING’S BENCH,
APPEAL SIDE, PROVINCE OF QUEBEC
Contract—Alterations to store—Building
materials—Work for a fixed price or by the day—Oral evidence.
APPEAL by the defendant from the decision of
the Court of King’s Bench, appeal side, province of Quebec, dismissing the defendant’s appeal from the
judgment of the Superior Court, Gelly J., in favour of the plaintiff.
The plaintiff’s action was for $3,719.98, being
a balance claimed for building materials furnished and work alleged to have
been done by the day in fulfilment of a
[Page 453]
contract for alterations to a store. The
appellant Blais admitted he owed $3,208.71, of which $2,000 were paid during
the course of the work and alleged he offered $1,208.71 before the action, as
the balance due; he contended that these sums were due in virtue of a contract
for a fixed price of $2,241, with certain extra work done during the execution
of the contract, but that for each item of this extra work, prices were agreed
and accepted by the parties. The Superior Court held and maintained the action
for the total amount, less 5 per cent for negligence and default in supervising
the work, which judgment was affirmed by the appellate court.
On the appeal to this Court, after hearing
argument of counsel, oral judgment was delivered dismissing the appeal with
costs.
Appeal dismissed with costs.
Gérard Lacroix for
the appellant.
Roger Létourneau for
the respondent.
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