The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-05-16 00:00:00

"THORNE v. THE CORPORATION OF
LONDON."

This was a special ca-e stated for the opinion of the
Court: It was an action by the contractor for the
building of new Blackfriars-bridge to recover Amages
from the defendants for loss of time occasioned by
reason, as he alleged, of the plans and specifications
of the defendants' engineer being insufficient and im-
practicable. The plaintiff, under his contract, pro-
ceeded to build the bridge in accordance with the plans
and specifications of Mr. Cubitt, the defendants en-
gineer, but it was found impracticable with those plans
to continue the work, and )Ir. Cubitt suggested a dif-
ferent mode of proceeding, which the plaintiff at once
adopted, and the consequence was that the bridge
occupied two years more in it 3 construction than it
would have done had the original plans and specifica-
tions been practicable. The loss of time caused by
the variation put the plaintiff to enormous expense,
and occasioned him great loss by reason of his being
unable to undertake any other contract for work. As
the contract between the parties made no provision
for the payment, the plaintiff sought to recover. The
defendants denied their liability on the ground that,
as they had employed the best skill they could obtain
in the preparation of their plans and specifications,
which the plaintiff had been invited to inspect and
consider before accepting or refusing the contract,
they could not be made responsible because it was
afterwards found that the plans and specifications
were neither sufficient nor practicable.

Mr. Benjamin, Q.C. (with whom was Mr. J. Bat-
ten), argued for the plaintiff; Mr. Gilfard, Q.C., and
the Hon. A. Thesiger, Q.C., argued for the Corpora-
tion.

On behalf of the plaintiff it was contended that, as
this was a c‘fsus omisatis, the contract ought to be go-
verned by general principles of law, and that there was
an implied warranty on the part of the Corporation
that the engineer whom they had employed had pre-
pared plans which were practicable and could be car-
ried out within the time specified in the contract ;
and, inasmuch as the plans were impra ticable and
the mode of work had to be altered, and therefore
could not be completed within the time specified, a
clear breach of the implied warranty had occurred
which rendered the Co. poration liable.
For the defendants it was argued that the contractor
must be taken to have examined the plans and speci-
fi,Ations for himself and relied upon his own judgment,
and that there was no such implied warranty as was
contended for by the plaintiff; and, further, thateven
if there were any claim, the plaintiff had waived it by
reason of going on with the contract after it was found
to be necessary to proceed with the work on a different
plan.
• • - - -

The Lord Chief Baron, in the course of giving
judgment, said the Corporation employed an engineer
to prepare the necessary specifications for the building
of the proposed bridge, and caused advertisements to
be issued inviting tenders for the building, and stating
that the specifications were prepared, and could be in-
spected. Thereupon, the plaintiff Jame forward,
having, as must be assumed, carefully considered the
proposals and specifications, and he accepts to execute
the work on the terms propo.,ed, and imms the con-
tracts accordingly. The work was commenced in due
course, and at a particular period of the work the
plaintiff found that the original plans could not be
carried out. The engineer of the defendants proposes
a new mode of working, which entails upon the
plaintiff great extension of time, and during that
period the plaintiff incurs serious monetary losses
by reason of not being able to enter into other con
tracts. The plaintiff then complains, and insists
that the reason of the delay was the insufficiency
of the specification, though nothing relating to that is
to be found in the contract. The plaintiff urges that
, there was an implied term that the plans were such as
were reasonably practi able, and could be carried out
within the time mentioned in the contract, but no
. . . . .

authority has been cited during the argument to show
that in such a contract there is such implied term.
What, then, are the principles of the law on the
subject? None are known which import any such
implied undertaking, and to import it into the present
contract would be to make a new contract between the
parties. The Corporation relied on the skill of the
engineer by whom the plans and specifications were
prepared, and had no means of knowing whether the
plans could be carried out within the stated time, and
the Corporation WM no more liable than was the con-
tractor for the failure of the plans ; whether the plan,
had been badly or improperly prepared was a matter
between the Corporation and the engineer. The
plaintiff has failed to show that he Ia entitled to the
judgment of the Court.
Baron Pigot agreed with his Lordship, holding that
though the plaintiff might have some claim in honour
or equi y, there was no legal claim against the Corpo-
ration.

Baron Amplffett said it might be a case of peculiar
hardship upon the plaintiff, which would recommend
itself to the generosity of the Corporation of London,
but it constituted no legal claims on the Corpnration
for which it was responsible. Instead of employing a
surveyor of his own to see whether the plans and ape-
mfications prepared by the Corporation engineer were
practicable, he signed the contract and proceeded with
the work under it. It might have been that, seeing
the plans and specifications were prepared by an
engineer of Mr. Cubist's position, he was c uffent
to accept his accuracy, and save himself the expense
of proving it. If the plans had been fraudulently
prepared or put forward by the Corporation, or
by Mr. Cubitt himself, with a view of fraudulently
opposing upon the plaintiff, the case would present
a different aspect. The question was, assuming that
the plans had been properly prepared, and that the
defendants and their engineer had acted perfectly
bond lide, whether there was any implied contract en-
tered into with the plaintiff that the plans would
render the work reasonably practicable. rrhe plaintiff
had no doubt entered upon the work under the belief
that it could be carried out in such a manner as was
contemplated by both parties to the specification. The
elteration in the mode f proceeding with the work
was suggested by the defendant's engineer and carried
out by the contractor without any objection being
made on his part. It was argued that for the loss
caused to him by the consumption of time occasioned
by the alteration in the mode of proceeding with the
work there was an implied warranty on the part of
the defendants to pay him compensation in damages.
He fully agreed with the Court that there was no such
implied warranty, and that the defendants were en-
titled to judgment
I Judgment for the defendants.

11101...
join_ed

Family on the other, the great object apparently being
to do the thing as quickly and as unceremoniously BA
poesible. Havingscrambled past in the way I describel
we congratulated ourselves in thinking that we could
leave the Palace in the chum of half an hour for
home. But not so; it will be scarcely credited, but,
owing to the entire want of management and the
absurd want of exit room, we were detained in the
corridor for another two hours and three-quarters, the
ladies sitting on stone steps in the coldest current of
English east wind. So that it took my party exactly
five hours and three-quarters to leave Eaton-square,
bow to Her Royal Highness, and reach home again,
during which time I might oeimfortably have gone
from London to Exeter and half-way back.
If only there had been half a dozen exits instead of
one door ef ffit. width; if only the Lord Chamberlain
would limit not Only the number of presentations, bet
those attending the Drawing Room ; if he would only
employ an official chief of the staff with a good idea of
management much of ti is confusion could and would
be saved.—Yours faithfully. M.P.
' House of commons.

Sir,—lt seems impossible that Her Most Gracious
Majesty can be aware of thesuffering ladies go through
at a Drawing Room. At the last, many left their
houses at twelve o'clock and were not at home again
till after seven o'clock. During the whole of this
time they could get no refreshment, and during three
hours of it they were fighting their way through an
anxious crowd, in addition to which the greater part
had not the honour of passing by her :Majesty, as
fatigue naturally obliged her to leave. The same
fatigue which affects Her Majesty also affects her
subjects, while they suffer, besides, from being with-
out refreshment for as long a period.

If Her Majesty would only adopt
the universal
habit at foreign Courts of walking through the rooms
with the ladies arranged on each side, bowing or
speaking a kind word, which she can do with such
dgnity and grace, all those at the Drawing
Room would have the honour and gratification of
seeing her, and both Her Majesty and her visitors
would be saved unnecessary fatigue, and by this course
the unseemly crowding and crushing would be
avoided.

When the present habit of passing by the Presence-
room was established not one fourth of the members
attended.—Your obedient servant,
A LOYAL SUBJECT.
May 7th.

Sir,—! can fully corrobrate all that is stated in
three letters in The Times of to-day.as to the terrible
suffering at the Drawing Room of last Tuesday. 1
have two married daughters, whom I saw start for it
before one o'clock with lovely Paris dresses, looking
as fresh as two pretty women can look; I saw them
return at 6 30, pale and exhausted, with their dresses
torn and spoilt, and one of them has been laid up with
severe head-ache ever since. _

I am sure that if the Queen had the least idea of the
sufferings of ladies in that fearful crowd, Her Majesty,
whose kindness is proverbial, would be horrified. The
worst part of the arrangements is the departure,
owing to the police, who, instead of allowing the
carriages to come up as they are called, insist on their
coming up in the order they set down. At the Foreign
Office, where the arrangements are good, ladies get
their carriages without any trouble. —I am, Sir,
yours, &c., A MOTHER.
May a.

Sir,--You are, no dkuilit, inundattsl with complaints
as to the miseries endured at the last Drawing loom.

I will not &hi to this number, but will Make the
following practical suggestions : -
I. The numbers attending the Drawing Rooms should he
limited. II this could be done, it probably would obviate
all other inconveniences. But if it cannot be done, then
2. There should he some room where ladies who are ex-
hausted or faint could procure some refreshment.
•

•
3. The large ball-room should be partitioned and arranged
like the other rooms wills seats, as this is the worst part o
the eruah. _ . _

a Inasmuch as ladies generally go to Drawing Rooms
unattended by gentlemen, there should be a sufficient
number of servants to call and BOTIOUTICC the carriages, in-
stead of htdies having to light their way through the crowd
to do 80.

5. The police should have orders not to interfere unneces-
sarily with the order in which the carriages are culled up,
but only so as to prevent confusion or crowding.—l am, sto,
A LbrAL SUBJECT.

Sir,--The many th'sagneehtents which have been com-
plained of in The Times respecting the Drawing Room
might be much mitigated if gentlemen elowrotot would
condescend to learn where they are useful and where
they are de grop. As a rule, ladies are perfectly a..le
to take care of themselves and their proligior at the
Drawing Room ; but, if gentlemen will come, let them,
after seeing their ladies safe out of their carriages and
up the stairs, trust them to themselves, and retire to
the room where they will eventually emerge, and
then, instead of letting them face the cold winds on
the staircase, the gentlemen may look out for the car-
riage, and escort the ladies to it when it comes up.
Though some gentlemen can never believe that they
are de trop in ladies' coin oany, yet they are decidedly
so among a mass of delicate lace and tulle, and nine-
tenths of the injury to these costly materials rests on
their epaulettes, spurs, helmets, dm, and the reck-
less manner in which the owners, like gigantic
hedgehogs, more them about. My daughter heard,
to her dismay, an order from one of these bristling
chaperons behind her, "Now, girls, a good long step
at the next move !" and, as she expected, when the
move was made, a crashing, spur-armed foot went like
a rocket through the back of her dress. Ladies have a
regard for their own dresses and is synipathy for beauti-
ful gowns on others, and eschew injury to either, and
would more on in a steady, placid stream if left to
themselves.
- -

Should a lady be faint or ill, the Yeomen of the
Guard and other officials would procure every assist-
ance and know where to find it, whereas a dozen gen-
tlemen chaperons could only apply to these officials for
help.—l remain your obedient servant,
A LADY CHAPERON.
3iay 11.

" An Old Courtier" also writes

. .. In reference to those who attend the Drawing
Rooms, and cry out at what they undergo, no doubt
it is necessary to admit that they attend the Drawing
Rooms as a mark of respect to their Sovereign, but I
cannot but think there are many whomightspare them-
selves the trouble they complain of without being sus-
pected of any disloyalty, while there are some who, if
the truth be told, have no business tocome. But I state
most distinctly my belief that, if all those who attend a
Drawing Room were patient and took their turn, there ,
need be no crushing, no destruction of dresses, nor :
would the mass of them rush into the presence of their
Sovereign with heated faces and troubled expression.
The struggle of the company to be first can only be
likened to a race, and is unworthy of those engaged in
it. Equally inconvenient is the conduct of the com-
pany after they leave the Presence Chamber. The
' duty over, compliments and gossip begin, and then
every one's carriage is required at the same moment.
The officials of all parties have done their best to
meet the difficulties ; more cannot be done. If Drawing
Roo os were held weekly the public would only care
to attend the one most likely to be crowded. Society,
, in fact, never believes in the excellence of anything
, in the shape of an entertainment unless it be in-
I conveniently crowded. The lady whose house
holds 200 people invariably asks 600, and if a few
, dresses are torn and carriages cannot get up the
party is pronounced a complete success. If she asked
: only as many as her house would hold, her guests
would be disappointed. But this is not all. In the
same house and at the same party one room only is
generally crowded, while the others are almost empty.
However much it may complain, society likes a crowd