FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): Appellants were the plaintiffs in the High Court, Benin City, where they had claimed from the defendant the sum of 850Pounds being the outstanding balance still unpaid in respect of one mercedes benz 2208 saloon car sold to the defendant by the plaintiffs at Benin City on 8th May, 1964. According to their statement of claim, the car which was second hand at the time was offered to the defendant for 1,500Pounds. He agreed to pay this amount for the car, paid the sum of 650Pounds in cash that same day and then signed the plaintiff's invoice. The balance of 850Pounds was to be paid within one month of the sale either by the United Dominion Corporation (Nigeria) Ltd. of Lagos to whom he was applying for a loan or personally if the Corporation defaulted. After three written requests by the plaintiffs for the payment of the balance of 850Pounds, the defendant, on receiving the last request written on 31st August, 1964, informed the …
LEVENTIS MOTOR LTD
V.
AGBAJOR
(1971) JELR 45985 (SC)
Supreme Court 5 Mar 1971 Nigeria
BriefBot Summary
- The plaintiffs claimed the outstanding balance of £850 from the defendant for a second-hand car sold to him. - The defendant disputed the claim, stating that the car was misrepresented as a "home delivery" car and had been used in Nigeria
Case Details
Suit Number:SC.238/1969
Judges:ADEMOLA ADETOKUNBO JSC
ATANDA FATAYI-WILLIAMS JSC
GEORGE SODEINDE SOWEMIMO JSC
Counsel:Majekodunmi For Appellant
Ajuyah For Respondent
Other Citations:(1971) All N.L.R 87
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