Cases - Dallman v King

Record details

Name

Dallman v King

Date

(1837)

Citation

7 LJCP 6

Keywords

Construction contracts - landlord and tenant relationship - certification - term of contract to carry out works to approval of party - term of contract to allow sum for alteration works to be retained - retention - whether inspection and approval condition precedent to right to retention

Summary

The claimant was a tenant in the defendant's house. One term was that the claimant was to carry out certain works to the approval of the defendant. A separate term was that the claimant would be allowed the sum of £200 towards the alteration works, retained out of the yearly rent. It was held that the inspection and approval of the defendant was not a condition precedent to the right of the claimant to deduct the relevant amount and, moreover, if it was such a condition precedent, then it had been substantially performed. The courts will construe, if they possibly can, agreements as separate independent obligations rather than as conditions precedent.