McIntosh,Milton v Milton Brady

Case Number: 
C.L. M .121 OF 1993
Date of Delivery: 
27.01.1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. M.121 OF 1993
BETWEEN MILTON McINTOSH PLAINTIFF
C1 A N D MILTON BRADY DEFENDANT
Mr. Hector Robinson instructed by Patterson, Phillipson and Graham
for Plaintiff.
Alvin Mundell for Defendant.
Heard: January 22, 23 & 27, 1996
LANGRIN, J.
TAis isaclaim against the dcfcndant to recover damages for
breach of contract made orally and reduced to writing on the 19th
January, 1993 wherein the dcfcndant agreed to carry out certain
construction works at the plaintiff's premises at Teak Road, Portmore,
St. Catherine.
The material facts are that the plaintiff, an accountant at
Dyoll Insurance Company Limited, agreed with the dcfcndant, contractor
that he would carry out modification to an existing structure prior
to his occupying the premises with his family. The complete job
including the construction of a powder room would cost $l82,OOO.OO.
An advance of $117,000.00 was paid to the defcndant.
Mr. Brady, the defcndant agreed that the work would be completed
by the end of Fcbruary 1993 to allow the plaintiff to move in the
new premises with his family. The fact that the agreement in respect
of the powder room came after the original agreement, no additional
time was needed to complete the works.
The work continued smoothly but when additional sums were
requested by the defendant, the plaintiff requested a detailed report
of costs in respect of work already done. No report was furnished by
the dcfcndant and as a consequence the plaintiff was unable to supply
additional sums to the dcfcndant resulting in a cessation of the work,
in Fcbruary, 1993.
Despite other allegations in the defendant's pleadings as to
the reasons for the stoppage of work the only reason relied on by the
defcndant is the absence of funding by the plaintiff. The defendant

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