August 28, 2025
Hoenig v Isaacs [1952] EWCA Civ 6 (13 February 1952)
A contractor completed decorating work with some defects. The client refused to pay the balance, arguing the contract was not wholly performed. The court held that as the contract was substantially performed, the contractor was entitled to the full price, less the cost of rectifying the defects. Facts The plaintiff, Mr Hoenig, a decorator, was contracted by the defendant, Mr Isaacs, to decorate and furnish the defendant’s one-room flat for a lump sum of £750. The terms stipulated that payment would be made as the work proceeded, with the balance due on completion. The defendant paid £400 in instalments but