Martin's Electrical Ltd. v. Leslie, (1971) 57 Nfld. & P.E.I.R. 109 (NFCA)

• Judge: Furlong, C.J., Puddester and Higgins, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: April 23, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 57 Nfld. & P.E.I.R. 109 (NFCA)

Martin's Elect. v. Leslie (1971), 57 Nfld. & P.E.I.R. 109 (NFCA);

    170 A.P.R. 109

MLB headnote and full text

Martin's Electrical Limited v. Leslie

(1969, No. 1100)

Indexed As: Martin's Electrical Ltd. v. Leslie

Newfoundland Court of Appeal

Furlong, C.J., Puddester and Higgins, JJ.

April 23, 1971.

Summary:

The plaintiff electrical contractor brought an action for the price of services and materials supplied for an extension to the defendant's building. The defendant pleaded that the plaintiff agreed to do the job for a lesser fixed price.

The Newfoundland District Court dismissed the action and held that the plaintiff agreed to a fixed price. The plaintiff appealed.

The Newfoundland Court of Appeal, Puddester, J., dissenting, allowed the appeal and held that the trial judge erred in finding that the parties had agreed to a fixed price. The court held that the plaintiff was entitled to a reasonable price for services and materials.

NOTE: This case was originally published at 1 Nfld. & P.E.I.R. 489, but the judgments of Furlong, C.J.N., and Higgins, J., were omitted in error. To correct the omission, all three judgments appear below.

Practice - Topic 8800

Appeals - Duty of appeal court regarding fact findings by trial judge - The Newfoundland Court of Appeal allowed a plaintiff's appeal in its action for the price of services and materials, where the trial judge misconstrued the evidence in concluding that the plaintiff agreed to do the work for a fixed price - See paragraphs 16 to 18, 25.

Restitution - Topic 2505

Benefit acquired at defendant's request - Recovery based on quantum meruit - Work or services performed - General - An electrical contractor supplied services and materials to the extension of a building at the request of the owner - The work to be done and the amount to be paid were unspecified - The Newfoundland Court of Appeal held that the contractor was entitled to a reasonable price for the services and materials supplied.

Statutes Noticed:

Rules of Court (Nfld.), Order 54.

Counsel:

Edward P. Poole, for the appellant;

E. Gerald Doucette, for the respondent.

This case was heard at St. John's, Newfoundland, before Furlong, C.J., Puddester and Higgins, JJ., of the Newfoundland Court of Appeal.

On April 23, 1971, the judgment of the Court of Appeal was delivered and the following opinions were filed:

Furlong, C.J., - see paragraphs 1 to 18

Higgins, J., - see paragraphs 19 to 25

Puddester, J., dissenting, - see paragraphs 26 to 43