PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The appellant an oil service related company sometime between 1975 to 1976 delivered to the respondent some machines and equipment for repairs and refurbishment. The respondent later sent invoices to show that repairs had been effected in the sum of N112,624.28. The appellant would have none of that as it insisted the money should be considerably less than that sum. However, the parties later agreed to the sum of N74,069.29. This amount was paid instalmentally as agreed by the parties and the instalmental payment was completed in February, 1979.
Having completed the cost of alleged repairs, the respondent for some unaccountable reason failed to deliver the goods. The appellant stated that it was indeed discovered that no repairs or refurbishment of the equipment was made and of course the failure to repair and deliver the equipment and machines in good working condition which was the basis of the contract led to the inevitable d…