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Hoenig v Isaacs [1952] 2 All ER 176 Court of Appeal

The claimant agreed to decorate and furnish the defendant's flat for £750 payable by two instalments and the balance on completion. The claimant completed the work but the defendant was unsatisfied some of the furnishings and refused to pay the all the final instalment. The cost of the defects in the furniture came to £56.

Held:

The claimant had substantially performed the contract and was therefore entitled to the contractually agreed price minus the cost of the defects.

Back to lecture outline on Discharge of a contract through performance in Contract Law