This is an appeal from the judgment of the circuit court delivered on the 27th February, 1962. That judgment dismissed a claim by the plaintiff to recover the balance of the purchase price of musical instruments sold to the defendant by the plaintiff and sustained a counter-claim by the defendant to recover from the plaintiff a sum of money paid over and above the agreed purchase price.
The plaintiff claimed that the aggregate cost of the instruments was £G294 17s. and that of that sum, the defendant made a part payment of £6G75 by three instalments. Accordingly the sum which he sought to recover from him was £G219 17s. which the plaintiff claimed was due and owing to him from the defendant. The sale itself was not evidenced by a properly documented contract and was conducted in a somewhat unbusinesslike manner. The repayment was to be made not in cash but in kind. The defendant was the proprietor of a dance band known as “Tempos.” The plaintiff was at that time the ma…