(1975) JELR 46221 (SC)    

Supreme Court  ·  SC.118/1975 ·  5 Dec 1975 ·  Nigeria
Other Citations
DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
general damages
sale of goods
particulars of damage
sale of goods law cap
statement of claim
writ of summons
available market
measure of damages
special satchels
2nd appellant
lower court
managing director of the respondents
1st appellant
breach of a contract of sale
breach of contract of manufacture
census board
coat price of n1.30
consequence of the failure of the plaintiffs
contract sum n88,314.60
evidence of oral variation of the terms
final paragraph of their statement of claim
first item of particulars of damage
following observations
general damages of n100,000.00
good quality
high court of lagos
increase of the unit price of each satchel
lagos state
leading judgment
manufacture of special census satchels
non-acceptance of these satchels
notice of contention
price of raw materials
pursuance of the contract
request of the appellants
rights of a seller
rights of the seller
said satchels
second item of particulars of damage
see mayne
sum of the argument
support of their case
terms of a contract
trading company
unit cost of each satchel

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): When this case came up for trial in the lower court (i.e. the High Court of Lagos) there were stored away in a store 10,242 special satchels, designed for use by the Census Board during the last census exercise in the country in 1973; they had been manufactured by the respondents at the request of the appellants but had not been collected and paid for by them in accordance with the terms of a contract concluded between the parties during the month of May, 1973.

The evidence which the learned trial Judge accepted in the lower court was that pursuant to negotiations between the appellants and the respondents, the latter at the request of the former agreed to manufacture a total of 150,000 special satchels. It happened in this way: In May, 1973 the 1st appellant who, together with the 2nd appellant, was trading under the style of "Plumstead Commercial and Company" approached the Managing Director of the respondents, B.E.O.O. Industries…

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