ANSAH-TWUM J.: The plaintiff’s claim against the defendant is for the sum of ¢28,021 which is set out as follows:
“(a) ¢18,000 being the balance or damages or both due on a building contract between themselves and the defendant and which the defendant unilaterally terminated; and,
(b) The sum of ¢10,021 being the cost of building materials belonging to the plaintiff company and which the defendant collected from the site of operations at the time he terminated the contract.”
In his pleading, the defendant denied liability and pleaded further that the original contract price was ¢100,000 but was later on mutually varied upwards to ¢120,000 because of a rise in prices of materials at the time, and he paid thereon a total of ¢102,000. The defendant continued in paragraphs (4), (5) and (6) of his statement of defence:
“(4) The defendant says that for no apparent reason the plaintiffs thereafter abandoned work on the defendant’s building and in spite of the defendant’s protestations the plain…