7 Jun 1985
ELDO TRADING COMPANY LIMITED v. THOROGOOD ESTATES LIMITED
- Citation
- ELDO TRADING COMPANY LIMITED v. THOROGOOD ESTATES LIMITED
- Court
- Court of First Instance
- Case number
- HCMP2009/1982
The written sale agreements were complied with by the vendor; alleged oral representations did not give grounds to rescind because either they were not untrue in a material respect, were excluded by the integration clause or were collateral only; the management/naming promise was collateral and, as pleaded, did not amount to a condition precedent or to a misrepresentation entitling rescission; estoppel was not available on the existing pleadings; consequently the plaintiff's claims fail and the vendor's rescission and counterclaim for loss on resale stands.