Martin's Electrical v. Leslie, (1971) 1 Nfld. & P.E.I.R. 489 (NFCA)

• Judge: Furlong, C.J., Puddester and Higgins, JJ.
• Court: Newfoundland Court of Appeal
• Case Date: April 23, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 1 Nfld. & P.E.I.R. 489 (NFCA)

Martin's Electrical v. Leslie (1971), 1 Nfld. & P.E.I.R. 489 (NFCA)

MLB headnote and full text

Martin's Electrical Limited v. Leslie

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

Newfoundland Supreme Court

On Appeal

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

April 23, 1971.

Summary:

Appeal Court allowed the appeal and awarded the Plaintiff electrical contractor $3,754.09 for the price of services rendered and materials supplied in performing the electrical work on an extension to a building owned by the Defendant. The Plaintiff's claim was for the balance of a total price of $11,496.16 for the job, the Defendant having already paid in excess of $6,500. which the Defendant alleged was the agreed price. The evidence showed that the scope of the job broadened as the work progressed and that the services and materials required to complete the job were left to the discretion of the contractor.

Appeal Court reversed the finding of the Trial Judge that there was a firm contract price of $6,500. on the grounds that it was not supported by the evidence. Appeal Court held that the parties had never reached a firm agreement on the services to be performed and the materials to be supplied or the amount to be paid for them and held that the Plaintiff was entitled to recover a reasonable price for the services rendered and the materials supplied.

Practice - Topic 8800

Appeals - Function of Appeal Court - Rehearing - The Newfoundland Court of Appeal must consider whether trial judge could and should have arrived at his decision on the evidence - Decision of trial judge reversed.

Restitution - Topic 2505

Quasi-contract - Quantum meruit - Quantum valebant - Services and materials supplied to extension of building by electrical contractor at request of owner - Work to be done and amount to be paid unspecified - The Newfoundland Court of Appeal held contractor entitled to reasonable price for services and materials supplied.

Statutes Noticed:

Nfld. Rules of Court, Order 54.

Counsel:

Edward P. Poole, for the Appellant;

E. Gerald Doucette, for the Respondent.