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BRAIMAH V. W. BARTHOLOMEW & CO. LTD.

(1956) JELR 82331 (SC)

Supreme Court  •  14 Jul 1956  •  Ghana

Coram
Dennison J

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>DENNISON J</strong>. </p><p style="text-align: justify;">The plaintiff sues the defendants for breach of a contract to repair his motor-car, a Lincoln Zephyr 1938 model, also for special and general damages; in addition he claims £50 for damage done to his car whilst it was in the defendants&#x27; workshop for repair. The defendants deny liability and counterclaim the sum of £7 10s. Being balance due for work carried out by them on the car at the plaintiff&#x27;s request. It is not in dispute that the plaintiff asked the defendants in February, 1955, to repair this somewhat aged vehicle as it had been a collision; also that at the request of the latter the former deposited £ 25 in order that the required parts could be obtained from Canada. What is in dispute is whether this was a firm contract to repair or conditional upon the defendants obtaining the necessary spares. That the defendants were having difficulty in obtaining the spares is clear. Some of the necessary spares were not obtainable from any source, as appears from a le…</p>

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