(1972) JELR 46127 (SC)    
Supreme Court  ·  SC.281/1970 ·  24 Nov 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 842
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
general damages
learned trial judge
breach of contract
messrs adana brothers
appellate court
quantum of damages
sir wilfrid greene
chief williams
circumstances of the case
grounds of appeal
house of lords
actual damages
advertisement of their business names
amount of damages
award of damages
batchelors peas ltd.
breach of the contract
british columbia electric company ltd.
case of pecuniary loss
circumstances of this case
contract price
cost of a full page advertisement
decision of the high court of lagos state
delivery of goods
further shows
issue of the assessment of damages
latter advertisement form exhibit d
mr. roskill
open market
particular transaction
part of the appellants
reasonable steps
respect of pecuniary loss
respect of the refund
specific losses
specific pecuniary losses
such agents
support of his contention
terms of the contract
t. o. elias
type of claim
united counties bank ltd.
vaughan-williams l.j.
way of special damage

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. LD/130/69 the plaintiffs, herein appellants, through a firm known as Messrs Adana Brothers placed an order for the advertisement of their business names and undertakings for publication in the 1969 Year-Book published by the defendants. The cost of a full page advertisement therein was 40(pound), which was paid through Messrs Adana Brothers.

When placing the order with the defendants, Messrs Adana filled in and forwarded to the latter advertisement form exhibit D showing his client, title, mid-year space, date, position and his own rate of commission. As it happened, the defendants failed to insert the advertisement in the Nigeria Year-Book for 1969 in accordance with the order and, when sued contended that Messrs Adana were never their agents for acceptance of the advertisement in their Year- Book and that, even if they were such agents, they were too late in submitting their proof of the advertisement in question. T…

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