The action in this case was for the contract price of Fy c building an engine and boiler for defendants (appellants), and the defence was that the work was not done within the delay provided for in the contract and that defendants were entitled to deduct $20 a day for each day's default in completion as the agreement allowed. They paid the balance into court.
The trial judge held plaintiffs entitled to recover finding that the delay was occasioned by defendants, but he deducted a small amount as damages for delay for a time attributable to plaintiffs.
The Divisional Court reversed this judgment and dismissed the action. The Court of Appeal restored the original judgment and allowed plaintiffs the amount deducted at the trial. The Supreme Court was of opinion that the delay was caused by the defendants themselves, and that the Court of Appeal rightly held plaintiffs entitled to recover the full contract price.
Moss Q.C. for the appellants.
McCarthy Q.C. for the respondents.
CHISHOLM v. ROBINSON.
APPEAL from a decision of the Supreme Court of 1. Nova Scotia affirming the judgment for respondent at the trial.
The action was for possession of land, plaintiffs claiming title by possession and defendants through a grant from the Crown in 1892 and a conveyance from the owner of adjoining land.
It was shown that the :-Sir