ALLEGED BREACH OF CONTRACT

Press, Volume LXXXV, Issue 25736, 23 February 1949, Page 2

ALLEGED BREACH OF CONTRACT

CLAIM FOR £603 AS DAMAGES

A claim by Otto Stricker, trading as the Palestine Import Company, against W. J. Cowles and Son, Ltd., manufacturers of aerated waters, for £603 18s 8d as damages for alleged breach of contract, was partly heard before Mr Justice •Northcroft and a jury in the Supreme Court yesterday. The hearing will be continued to-day. • Mr E. S. Bowie is appearing for the plaintiff and Mr C. S. Thomas and Mr E. M. Hay for the defendant. The statement of claim said that, on April 21. 1947, the defendant company offered to purchase from the plaintiff £lOOO worth of Palestine concentrated orange juice at 4s 6d a pound, and ok August 12, 1947, the defendant repudiated the contfact and i efused to take delivery. The plaintiff claimed that the repudiation of’ the contract was unjustifiable and it was a breach of contract. Mr Thomas said the defences were that the orange juice was warranted first-class, of excellent keeping quality; but the juice did .not come up to the warranty; the juice did not comply with the Sale of Goods Act; if Cowles was not justified in repudiating the contract in August 12, 1£47, he was justified in repudiating it on March 22. 1948, because the juice was not delivered in reasonable time; the sale was an illegal one because the product was over-preservatised; the sale was at 4s 6d a pound, which was more than the Price Tribunal Order of 3s 3d, and so the sale was illegal; the plaintiff suffered no damages for the orange juice was available to him for resale, and if it had been in good condition it could have been resold.