<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">This appeal is from the judgment and the decree of the superior court (Aganyanya J) dated 27th June, 1984 in High Court Civil Appeal No 1430 of 1983. The suit was peculiarly couched in both the breach of a contract as well as for the value of the goods delivered by the respondent company to the appellant company sometime in April, 1983.</p><p class="ql-align-justify">The facts which gave rise to the suit were that by an oral agreement entered into between the appellant and the respondent companies, the latter was to supply and to instal telephone equipment in the appellant’s hotel at Thika at the agreed contract price of Kshs 274,200/- inclusive of cost of the equipment (Kshs 248,200/-) and installation charges (Kshs 31,000/-). The agreement appears to have been based on the respondent’s quotation dated 22nd December, 1980. According to the respondent 50% of the contract sum was to be paid on the delivery of the equipment and installation materials to the site and the balance was to be paid on completion of …</p>