HAYFRON-BENJAMIN J.: The plaintiff by his writ of summons claims against the defendant the sum of ¢8,000.00 damages for breach of a contract dated 11 February 1967 to supply food items to the Tetteh Quarshie Memorial Hospital. Four thousand four hundred and fifty-one cedis of the sum claimed is said to represent special damages.
The plaintiff is a food and meat contractor, who by the contract above-referred to, agreed to supply meat and other items for five months to the said hospital, which is under the control and management of the Ministry of Health. The agreement provides that each party could determine it by giving a month’s notice in writing. The breach complained of consists of the defendant giving only two days’ notice.
The main ground of defence as to liability is set out in paragraph (3) of the defendant’s statement of defence where it is stated, inter alia:
“(3) The defendant contends that the said agreement was merely an agreement whereby the plaintiff undertook to supply suc…