Gartell & Son v Yeovil Town Football and Athletic Club Ltd

Contract – Failure of consideration. The Court of Appeal, Civil Division, ruled on the claimant's appeal concerning whether the judge ought not to have found that there had been a total failure of performance on its part justifying the defendant's refusal to pay the contract price and, further, whether the judge had erred in dismissing the claim for the price and allowing the entirety of the counterclaim. The court held that the judge had been right to have found that the defendant had received no part of the contractual performance which it had contracted for. However, the award of damages on the counterclaim had over-compensated the defendant by awarding it the costs of a substitute performance of the contract when it had been relieved altogether of its obligation to pay.

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