<p>PATS-ACHOLONU, J.C.A.: (Delivering the Leading Judgment): By a Writ of Summons dated 15th June, 1992 the Plaintiff claims against the Defendant is for: </p><p> &#x27;The sum of N121,805.00 (One Hundred and Twenty One Thousand, Eight Hundred and Five Naira) being money paid by the Plaintiff to the Defendant on or about 18th January, 1987, as deposit on account of immediate supply/delivery to the Plaintiff by the Defendant, 13 bales of Nigerian Wax texture of Clothes manufactured by Wichestex and sold to the Plaintiff at the rate of N10,000.00 (Ten Thousand Naira only) per bale, which bales of cloth the Defendant failed to supply to the Plaintiff despite repeated demands.</p><p> 2. N263,000.00 (Two Hundred and Sixty Three Thousand Naira) being special damages for losts of profits occasioned by failure of the Defendant to execute the said contract or refund the said Sum of N121,805.00 One Hundred and Twenty One Thousand, Eight Hundred and Five Naira).</p><p> Particulars of Loss of Profits</p><p> From 18th January, 1987 …</p>