''Sumpter v Hedges'' 8981 QB 673 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...

case concerning substantial performance of a contract and

restitution Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...

for

unjust enrichment Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...

Facts

Mr Sumpter was a builder. He had a contract to build two houses and stables for Mr Hedges for £560. He did work valued at £333 and said he had to stop because he had no more money. Substantial payments on account have in fact been made to the builder. Hedges finished the building, using materials which Sumpter had left behind. Sumpter sued for the outstanding money. Bruce J found that Mr Sumpter had abandoned the contract, and said he could obtain money for the value of the materials but nothing for the work.

Judgment

The

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

found that Mr Sumpter had abandoned the building work and emphasised that it left Mr Hedges without any choice of whether to adopt the work. It held that Mr Hedges had to pay for the building materials that he used, but did not need to reimburse Mr Sumpter for the half-built structures. AL Smith LJ gave the leading judgment: Chitty LJ concurred. Collins LJ concurred.

References

{{reflist, 2

External links

Full text of judgment
on CommonLII English contract case law English unjust enrichment case law Court of Appeal (England and Wales) cases 1898 in case law 1898 in British law

Facts

Judgment

See also

References

External links