Marder and another v Sautelle and Hicks
Marder and another v Sautelle and Hicks
- 1988
- Estates Gazette (8841) 15 October 1988, 87-90(3) .
CA 4 May 1988. Appeal by firm of surveyors (S) against cc decision in favour of purchasers (M) of a bungalow . S had carried out a survey on the bungalow but failed to detect that the outer walls were built of blocks of cement and aggregate, the latter consisting of either mine waste or mundic, a material known to crumble. A few years later the defective walls were discovered and M raised an action against S alleging negligence. CC rejected S`s submission that repair was possible and held S liable in negligence, awarding M damages of £19,500, being the difference between the value of the house in a sound condition in 1979 at £33,000 and the site value minus demolition costs of £13,500. Shortly after the trial M sold the bungalow for £70,000. On learning this, S sought leave to appeal out of time, and for leave to adduce fresh evidence. S contended that the price obtained so soon after the trial was relevant in that it doubted the whole basis of the CC award. S also wanted to adduce f
BUILDING DEFECTS
SOUTH WEST
CA 4 May 1988. Appeal by firm of surveyors (S) against cc decision in favour of purchasers (M) of a bungalow . S had carried out a survey on the bungalow but failed to detect that the outer walls were built of blocks of cement and aggregate, the latter consisting of either mine waste or mundic, a material known to crumble. A few years later the defective walls were discovered and M raised an action against S alleging negligence. CC rejected S`s submission that repair was possible and held S liable in negligence, awarding M damages of £19,500, being the difference between the value of the house in a sound condition in 1979 at £33,000 and the site value minus demolition costs of £13,500. Shortly after the trial M sold the bungalow for £70,000. On learning this, S sought leave to appeal out of time, and for leave to adduce fresh evidence. S contended that the price obtained so soon after the trial was relevant in that it doubted the whole basis of the CC award. S also wanted to adduce f
BUILDING DEFECTS
SOUTH WEST