Jacob & Youngs, Inc v George E Kent - Assignment Example

The defendant had sued the plaintiff for using pipes not made in Reading. The plaintiff, after being directed by the architect to redo the piping, left the work undone and instead sought the certificate for the final payment. It was denied and hence the suit.
i. Issues
The problem solved by the court is that omitting the piping brand prescribed was not in any way fraudulent or done by will but rather a case of inattention on the subcontractor’s part.
ii. Decision

The decision was made in favor of the plaintiff. The order was fully affirmed.
iii. Holding
The rule of law in this case is; “If the evidence is admitted, then it shall be the basis for inferring that the defect had little significance to the project.”
iv. Rationale
The important aspect, in this case, is the difference in the value of pipes and not the cost of replacement. Read More