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The appellant subcontracted with the respondent to complete road construction work by May 30, 1960. However, when inspected on May 27, the work was found to be improperly done, so the appellant contracted another person to finish it. The respondent requested an extension to complete the work, which was denied, so the respondent sued for payment for work already done and materials supplied. The court of appeal ruled that given the nature of the contract, time was not of the essence, so the appellant breached the contract by not granting the extension.
The appellant subcontracted with the respondent to complete road construction work by May 30, 1960. However, when inspected on May 27, the work was found to be improperly done, so the appellant contracted another person to finish it. The respondent requested an extension to complete the work, which was denied, so the respondent sued for payment for work already done and materials supplied. The court of appeal ruled that given the nature of the contract, time was not of the essence, so the appellant breached the contract by not granting the extension.
The appellant subcontracted with the respondent to complete road construction work by May 30, 1960. However, when inspected on May 27, the work was found to be improperly done, so the appellant contracted another person to finish it. The respondent requested an extension to complete the work, which was denied, so the respondent sued for payment for work already done and materials supplied. The court of appeal ruled that given the nature of the contract, time was not of the essence, so the appellant breached the contract by not granting the extension.
The appellant having obtained a contract to construct roads subcontracted with
the respondent for its performance. The respondent agreed to complete the whole work on or before 30 May 1960. On 6 May 1960 the respondent commenced work and on 27 May 1960 the appellant inspected the work and found ti had not been properly contract with another person for the completion of the work. The respondent, on 4 June 1960 requested an extension of time to complete the work oand on it not being granted brought an action for work done and materials supplied. Judgement having been entered for the respondent as claimed, the appellant appealed. The court of appeal held that the nature of the contract or of its subject matter was such that it cou;d not be implied that this time was of the essence. The appellant wa thus in breach of his contract.