OLAGUNJU, JCA (Delivering the Leading Judgment): As adumbrated in the statement of claim the plaintiff who is the respondent in this appeal claimed from the defendant who is the appellant the sum of ₦3,341,566 as special damages and ₦6,000.00 as general damages for breach of contract in an action filed in Nnewi Judicial Division of the Anambra State High Court:-
As the contract from the breach of which the claims arose is for simple sale of a piece of equipment but complicated by its desultory mode of execution it will make for an easy understanding of the issues canvassed to give a resume of the material facts. The appellant offered to sell to the respondent one 250 tons Hydraulic Press Machine No. HYDSF 520 ZU M-NR. 55065 combined with three sets each of three-piece fittings and accessories as a composite outfit. The contract was made by a Bill of Sale signed by the parties in which the equipment was described as 'fairly used' but in circumstances where it became contentious whethe…