Cases - Tharsis Sulphur & Copper Company v McElroy & Sons

Record details

Name

Tharsis Sulphur & Copper Company v McElroy & Sons

Date

(1878)

Citation

3. App. Cas. 1040

Keywords

Contract - extra work - extra payment - whether the contractor was entitled to additional payment for the extra work

Summary

The claimant contractor found that it was unable to make certain girders, due to the thinness of the metal specified by the defendant. It was held by the House of Lords that the claimant had taken the risk of being able to make the girders of the specified dimensions, and because there was no express instruction by the defendant's engineers to make the girders of a thicker metal, the extra cost could not be recovered.