7 Mar 2003
CAMEWOULD ELECTRICAL LTD. v. EUREKA MANUFACTURING CO LTD.
- Citation
- CAMEWOULD ELECTRICAL LTD. v. EUREKA MANUFACTURING CO LTD.
- Court
- District Court
- Case number
- DCCJ8750/2001
The court found the plaintiff knew the intended European use and the defendant relied on the plaintiff's skill so an implied condition of fitness applied; accepted SGS testing that tubes were defective; assessed defendant's loss on a pro-rata basis of tooling costs but held plaintiff nonetheless entitled to payment for goods used in paid shipment; resulted in judgments for both parties on respective claims and counterclaim with specific monetary awards.