Cases - Appleby v Myers

Record details

Name

Appleby v Myers

Date

(1867)

Citation

LR 2 CP 651

Keywords

Contracts - lump sum contracts - fixed price - performance - accidental fire - partial completion - where completion of the works had become impossible, whether the parties were to be excused from future performance of the contract - whether the contract was entitled to payment for those parts of the contract that had already been completed

Summary

The claimants contracted to erect machinery on the defendant's premises at specific prices for particular portions, and to keep it in repair for two years. The price was to be paid upon completion of all of the work. After some of the work had been carried out, when other works were still in the course of completion, the premises and all of the machinery and materials were destroyed in a fire. It was held that both parties were to be excused from future performance of the contract, but the claimants were not entitled to claim in respect of those parts of the work which had been completed, whether or not the materials used had become the property of the defendant.