In this case Messrs. RUSSELL and Co., engineers, sued Mr. S. S. BRIGGS, of
Maryport, for the sum of £3 9s for repairs done to one of the defendants
boilers about the end of last year.
Mr. FIDLER appeared for the plaintiffs, and Mr. ATTER for the defendant.
The defendant had entered into a contract with the plaintiffs to seam
plates round the bottom of a boiler and round the bottom of a firebox. When the
plaintiffs came to make the required repairs they found that the boiler was in
such a condition that to repair it would be a waste of money.
They informed the defendant of this, but requested him to pay for the
trouble they had in taking the boiler to pieces. This the defendant refused to pay
on the ground that he had not entered into any contract with them to take
his boiler to pieces.
His Honour held the same opinion as the defendant and gave judgment