‘The main question to be disposed of under this appeal is that which is raised by the fact that the pursuer in building the walls of the house used milled lime instead of cement mortar as required by the specification.
In making that departure from the specification the pursuer was acting in accordance with the orders of the architect, but I am of opinion that nevertheless he must be regarded as being in breach of his contract in a question with the defender if the architect was not authorised by the latter to substitute the one material for the other.’
Lord Low
[1907] ScotCS CSIH – 4, 1907 SC 360, [1907] SLR 44 – 291
Bailii, Bailii
Scotland
Construction, Contract
Leading Case
Updated: 01 November 2021; Ref: scu.279272