Sumpter v Hedges [1898] 1 QB 673 is an English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

 case, concerning substantial performance of a contract and restitution

Restitution

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...

 for unjust enrichment

Unjust enrichment

Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.Definition:...

.

Facts

Mr Sumpter was a builder. He had a contract to build two houses and stables for Mr Hedges for £565. He did work valued at £333 and said he had to stop because he had no more money. He had already been paid part. Hedges finished the building, using materials which Sumpter had left behind. Sumpter sued for the outstanding money.

Bruce J found that Mr Sumpter had abandoned the contract, and said he could get money for the value of the materials but nothing for the work.

Judgment

The Court of Appeal found that Mr Sumpter had abandoned the building work and emphasised that this left Mr Hedges without any choice of whether to adopt the work. They held that Mr Hedges did have to pay for the building materials that he used, but did not need to reimburse Mr Sumpter for the half built structures. AL Smith LJ gave the leading judgment.
Chitty LJ concurred.
Collins LJ concurred.

See also

• Cutter v Powell
  Cutter v Powell
  Cutter v Powell 101 ER 573 is an English contract law case, concerning substantial performance of a contract.-Facts:Mr T Cutter agreed he would sail with Powell from Kingston, Jamaica to Liverpool, England. The contractual note read as follows....
  
  (1795) 6 TR 320; 101 ER 573
• Hoenig v Isaacs
  Hoenig v Isaacs
  Hoenig v Isaacs [1952] is an English contract law case, concerning substantial performance of an entire obligation.-Facts:Mr Hoenig was meant to decorate and furnish Mr Isaac’s flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix...
  
  [1952] 2 All ER 176
• Bolton v Mahadeva
  Bolton v Mahadeva
  Bolton v Mahadeva [1972] 2 All ER 1322 is an English contract law case, concerning substantial performance of an obligation.-Facts:Mr Walter Charles Bolton installed central heating for £560 in Mr T Mahadeva’s house. It was too cold, the heat came unevenly and it all gave off fumes. Bolton refused...
  
  [1972] 2 All ER 1322