LEVENTIS MOTOR LTD V. P. E. AGBAJOR

FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): Appellants were the plaintiffs in the High Court, Benin City, where they had claimed from the defendant the sum of 850Pounds being the outstanding balance still unpaid in respect of one mercedes benz 2208 saloon car sold to the defendant by the plaintiffs at Benin City on 8th May, 1964. According to their statement of claim, the car which was second hand at the time was offered to the defendant for 1,500Pounds. He agreed to pay this amount for the car, paid the sum of 650Pounds in cash that same day and then signed the plaintiff's invoice. The balance of 850Pounds was to be paid within one month of the sale either by the United Dominion Corporation (Nigeria) Ltd. of Lagos to whom he was applying for a loan or personally if the Corporation defaulted. After three written requests by the plaintiffs for the payment of the balance of 850Pounds, the defendant, on receiving the last request written on 31st August, 1964, informed the …