CASE 3

Trebic was a skilled cabinetmaker of European ancestry. Moldeva, who had emigrated to Canada from the same country, requested him to build a set of kitchen cup- boards "in the old-country style." The two men discussed the general appearancedesired, then Trebic drew up a list of materials that he required to construct the cup- boards. Moldeva obtained the necessary lumber and supplies for Trebic, then took his family on a vacation. On his return, Moldeva found the work completed, and admiredthe craftsmanship and design that Trebic had exhibited in the making of the cabinets. Trebic had carefully carved the "old-country designs" on the trim boards. He had skillfully constructed the drawers and cabinets using wooden dowels, rather than nails, again in accordancewith "old-country" tradition. In the execu- tion of this skill he had used only hand tools, and then only the tools used by "old-country" craftsmen in the cabinet-making trade. In every detail, the cabinets were"old-country style. "When Moldeva indicated that he was completely satisfied with the cabinets, Trebic submitted his account in the amount of $ 4,800. The sum represented 120 hours work at $ 40 per hour, the normal rate charged by skilled cabinetmakers in the area. Moldeva,who was a building contractor himself, objected to the amount of Trebic's account. He stated that carpenters in his shop could manufacture kitchen cabinets of the general size and shape of those made by Trebic in only a few days' time. He offered Trebic $ 800 aspayment in full. Trebic refused to accept the $ 800 offer and brought an action against Moldeva on the $ 4,800 account.

Discuss the possible arguments of the parties. Render a decision.

CASE 4

"construction-grade" lumber. Henderson refused to do so. Anargument followed in which Awwad refused to complete the work until Henderson provided suitable Awwad, a skilled carpenter, agreed to construct a garage for Henderson for a contract price of $ 3,000. Henderson was to supplythe plans, foundation, and materials. Awwad constructed the garage according to the plans. When the building had been framed, he discovered that the siding boards that Henderson had purchased were of poor-grade lumber. The boards could only be made to fit witha great deal of hand labour and cutting. Awwad complained to Henderson and de-manded that he provide siding boards that were of materials. At the time of the argument, the foundation, the roof, and the walls had been erected. The work thatremained included the installation of the wall siding, the doors and windows, and the trim.

Discuss the rights of the parties, and the nature of the claims and defences of each. Indicate the possible outcome, if the case should come before the courts.