UWAIS, J.S.C. (Delivering the Leading Judgment): The parties to this case were originally the respondent (as plaintiff) and the late Innocent Ositadinma Anyaebosi (as defendant). The defendant (hereinafter referred to as "the deceased") who was trading as "Ositadinma Trading Stores" applied by a letter dated 8th November, 1976, exhibit P1, to the plaintiff for appointment as a reseller of motors spare parts. The application was accepted by the plaintiff and the deceased was (as per exhibit P3) temporarily appointed as plaintiffs reseller for an initial period of 6 months. A number of conditions were attached to the appointment; and one of these was that-
PAYMENTS:- All purchases must be on cash basis or by a certified bankers cheque. Deliveries of spare-parts and accessories will only be effected when payment has been received by the Company (i.e. plaintiff) or when it has received confirmation that its bank account has been credited, unless special arrangement has been established an…