206 EXCHEQUER COURT REPORTS. [VOL. XVIII. 1918 IN THE MATTER OF THE PETITION OF RIGHT OF Oct. 9. JOHN E. ASKWITH, SUPPLIANT ; AND HIS MAJESTY THE KING, RESPONDENT. Contract—Offer and acceptance—Public work—Approval of Gover-nor-in-Council. Where a sum of money was claimed for extras under a contract, a letter by the representative of the debtor to the claimant asking whether he would be willing to accept an amount less than that claimed, and to which letter the claimant replied: "I am willing to accept your offer," is not an accepted and binding contract, but merely a. statement that the claimant is willing to accept such sum. Where a sum of money was claimed to be due by the Crown for extras under a contract made with the Public Works Department, a letter from the Chief Architect of that Department to the claimant saying: "I am directed to offer you the sum of $4,827 as full and final settlement of all claims you may have against this Department * • subject- to approval of council," does not bind the Crown if the Gov-ernor-in-Council refuses to ratify the alleged offer of the Chief Architect. PETITION OF RIGHT for extras due on a contract. Tried before the Honourable Mr. Justice Cassels, at Ottawa, June 10, 1918. A. E. Fripp, K.C., for suppliant. R. V. Sinclair, K.C., for respondent. CASSELS, J. (October 9, 1918) delivered judgment. A Petition of Right on behalf of John E. Askwith claiming against the Crown for certain extras al-
VOL. XVIII.] EXCHEQUER COURT REPORTS. 207 leged to be due on a contract entered into by the , 1918 Government of Canada for the erection of a drill hall AsKvl=x at Halifax; Nova Scotia. THE KING. Ross no for The petition alleges that the work was fully corn- pieced in the year 1901. The case was tried before me at Ottawa, on June 10, 1918, but owing to pressing engagements I have been unable to consider it until my return from Hali-fax last week. I have since carefully considered the case. and have gone over the evidence and the facts, and remain of the 'opinion which I entertained at the conclusion of the trial. The petitioner has failed to make out any case entitling him to relief. The .difficulties in the way of . the petitioner, having regard to the provisions. of the côntract; are insuperable—and at the close, of his case, Mr. Fripp placed the claim of the petitioner-for. relief on the supposed contract said' to have been entered into by the Crown and the petitioner evidenced by a letter dated October 9, 1914, set out in the pétition of right, and an alleged acceptance of October 13, 1914 also set out in the petition. The two letters .are as follows : "October 9th; 1914. , "John E. Askwith, Esq., a "24 Alexander St., "Ottawa. "Sir: "Having reference to your claim amounting to "$10,656.56, for extra work in connection witli the "contract for the drill hall at Halifax, N.S. This "matter has been reported on to the Department, " and I am directed to offer you the sum of $4,327, as "full and final settlement of all claims you may have
208 EXCHEQUER COURT REPORTS. [VOL. XVIII. 1918 "against this Department in connection with addi-ASKWITH V. tional, etc., work on the Halifax drill hall, and to TEE KING. "also inform you that the Department is agreeable Reasons for Judgment. "to allow 5 per cent. interest on the sum named, "subject to approval of Council. "Would you please reply, in writing, stating whe-"ther you would be willing to accept the sum of "$4,327, with interest as above mentioned. "Your obedient servant, " (Sgd.) E. L. HoRwooD, "Chief Architect." "24 Alexander St., Ottawa, Ont., "October 13, 1914. "E. L. Horwood, Esq., "Chief Architect, • "Dept. Public Works, Ottawa. "Dear Sir : . "I beg to acknowledge receipt of your letter of the "9th inst., in which you offer me the sum of $4,327, "with interest at five per cent., as full and final set-"tlement of my claim of $10,656,56, for extra work "done at the Halifax drill hall. "I regret that the loss of certain documents places "me in the position that I am unable to fully establish my rights to receive payment of all the items " submitted in my claim. "Under the circumstances I beg to state that I am "willing to accept your offer of $4,327, with the in-"terest named, as full and final settlement of all "claims I have against the Department of Public "Works in connection with the Halifax drill hall. "Yours very truly, • " ` (Sgd.) J. E. ASICWITH. "
- VOL. XVIII.] EXCHEQUER COURT REPORTS: 209 Some . discussion took place as to whether or not 1918 the words "subject to approval of council" refer ASaW . v an merely to the interest or to the sum of $4,327 as '1`E x'"' tiVell. 8eaeônse for In my opinion it is not of much consequence Judgmnt. which meaning is placed upon . this letter, , for the reason that the petitioner in his letter of October 13, states he is willing to accept the- offer of $4;327, with interest named, etc. Even if the Crown could be bound by such a contract, the letters are not evidence of .an accepted and binding contract. The letter of the architect is a mere request to know if the petitioner would be willing to accept the named sum, together with interest. It is apparent that at all events the approval of the Governor-in-Council was requisite before any 'offer of the whole sum, with interest added, could be binding. The so-called acceptance is a statement that the petitioner is willing to accept the principal money, together with interest. The Governor-in-Council refused to ratify the offer of the architect. The result is that if, as I have mentioned, the Crown could have been bound there has been no contract entered into between the parties. I think the petition must be dismissed and with costs. - Petition dismissed. Solicitors for suppliant : Fripp & McGee. Solicitor for respondent : R. V. Sinclair.-
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.