13 Jan 1978
BURWILL TRADING LTD v. THE HONGKONG AND KOWLOON WHARF AND GODOWN CO LTD
- Citation
- BURWILL TRADING LTD v. THE HONGKONG AND KOWLOON WHARF AND GODOWN CO LTD
- Court
- Court of First Instance
- Case number
- HCA1275/1974
The defendant warehouseman breached an express contractual undertaking (Clause 49) to verify the registered specimen signature before delivery; that failure was a fundamental breach going to the root of the storage contract in relation to the 30 cases and prevented reliance on the exemption Clause 29 and limiting Clause 5; plaintiffs accepted the repudiation in relation to those 30 cases and are entitled to full agreed value, interest and costs.