Chancery Proceedings,  1758-1800,  348/69.

 23rd  November 1758.

John Man, of Croydon, Surrey, master-builder, versus William Farquhar. 

William Farquhar, of Hayes, Kent, clerk, on 23rd May 1757 requiring a dwelling-house to be built, applied to the plaintiff who he knew to be an honest man and "knowing in his business" for an estimate and plan thereof.   The said estimate amounted to £105 and an agreement was accordingly drawn up (with the plan of the building therein) and signed on the above-mentioned date.  William Farquhar at once took the said agreement into his possession, assuring the plaintiff that he would have two copies made and stamped, one of which he would sign and give to the plaintiff.

They also agreed that the said £105 was to be paid by instalments.  The plaintiff started the building of the said house from memory as he had no plan thereof and was put to much extra expense because the defendant insisted on the foundations being dug deeper than those on which the old house had been built and also because he would not let the plaintiff use up any of the old materials which is usually done.  The defendant paid £20 on account and the plaintiff finished the outside or shell of the house from memory as the defendant would not allow him to see the agreement nor get the copies thereof.  'When a further £30 became due the defendant refused to pay it and made the plaintiff stop all work on the house, which anyway he would have had to do as he could not finish the inside without the plan.  He, the plaintiff, was bound under a penalty of £30 to finish the house by Michaelmas next so the defendant has him all ways.