Cases - Leedsford v City of Bradford

Record details

Name

Leedsford v City of Bradford

Date

(1956)

Citation

24 BLR 45

Keywords

Contract - materials - contract specified the use of stone supplied by a specified supplier - extra payment - whether the contractor was entitled to payment for the additional cost of providing stone from the particular supplier

Summary

The claimant contracted with the defendant council to construct a new infants' school. The contract provided for the use of 'Artificial Stone ... The following to be obtained from the Empire Stone Company Limited ... or other approved firm ...' The architect refused to give his consent to artificial stone being obtained from the companies proposed by the claimant. The claimant's claim for the additional cost of providing stone from Empire Stone over and above the cost of supply from its own proposed supplier failed. According to the Court of Appeal, the term in the contract meant that the stone was to be Empire Stone unless the parties both agreed some other stone, and that no other stone could be substituted except by mutual agreement. It was open to the architect to refuse to approve any other stone, providing he was acting in good faith.