Peace v Tucker
Jurisdiction | England & Wales |
Judgment Date | 01 January 1862 |
Date | 01 January 1862 |
Court | Assizes |
English Reports Citation: 176 E.R. 61
Nisi Prius
Trinity Term, 1862. pearce v. tucker. (A workman being bound to do his work in a workmanlike manner, it is no excuse for his doing it so as to be useless, that it was not possible to do it otherwise, unless he told his employer so ) Action for fitting up a kitchen range in an improper and unworkmanlike manner [137] Plea : inter alia, that the range was not put up in an improper manner. Murphy for the plaintiff Mills and Hance for the defendant. The case for the plaintiff was, that he had employed the defendant, as a workman in hia trade, to put up a new kitchen range with an old boiler behind, and that hot water could never be got from the boiler, as there were, in fact, no flues to carry the heat from the fire to and about the boiler. The defendant called witnesses to prove that flues were made as large as the space (a) Held good on demurrer, the charges being specific. (6) Unless they were so, the mere selling under the market price would be no fraud in them, and the buying would be no fraud in the plaintiffs ; and the plea put defendant to prove the sting of the charge ; Roberts v. Bjown, 10 Bing. 519. 62 FLETCHER V. WINTER 3 F. & F 138. allowed of, but that the space was not large enough to make them effective, and so he could not make a good job of it nor of the old boiler, which was badly constructed. It was answered, that if the plaintiff had known that he would not have had the work done at all. And it did not appear...
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