AMOAH
V.
MANU

(1962) JELR 67713 (SC)

Supreme Court 2 Apr 1962 Ghana
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Judges:KORSAH JSC, C.J. JSC, VAN LARE JSC, ADUMUA-BOSSMAN J.S.C.
Counsel:C. F. HAYFRON-BENJAMIN JNR. FOR THE APPELLANT; J. D. REINDORF FOR THE RESPONDENT.

ADUMUA-BOSSMAN J.S.C.: The events which led to the institution of the action resulting in this appeal are in the main undisputed and they are these: The plaintiff by deed of mortgage dated the 4th June, 1956, which was admitted at the trial as exhibit A, mortgaged his said cocoa farm to the defendant to secure advances of money up to the amount of £G500 to be made by the defendant to him for the purchase and supply of cocoa to the said defendant during the period of the 1956-57 cocoa season. The provisions and/or terms of the said mortgage which are material to the determination of the issues which arose in this action will be referred to, and where necessary reproduced, in due course. Following the execution of the mortgage the plaintiff obtained advances up to the sum of £G300 and, commencing from September, 1956, purchased and supplied cocoa to the defendant up to the end of December 1956. On the 10th January, 1957, the defendant wrote a letter, admitted at the trial as exhibit 4 a…

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