PERRY & CO. (BOW), LTD. v. PORT ISAAC HARBOUR COMMISSIONERS.

(1929) 34 Ll L Rep 140

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Contract - Erection of breakwaters at Port Isaac Harbour - Tender dependent upon depth of excavation-Provision for excavation down to 30 in.- Work commenced - Subsequent discovery by contractors that further excavation was necessary - Impossibility of performance of contract in was contemplated - Contract treated as subsisting - Effect - Failure of defendants further to instruct contractors - Breach - Measure of damages - Remuneration for work done and for preliminary work necessary for carrying out contract- Reference.