19 Jul 1972
JOHN JAMES NEMETH AND ANOTHER v. JAMES JULIUS KILLOUGH III AND ANOTHER
- Citation
- JOHN JAMES NEMETH AND ANOTHER v. JAMES JULIUS KILLOUGH III AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA155/1971
The court found on the evidence that a binding agreement existed between the plaintiffs and Killough personally (not the company), that Killough acted as the plaintiffs' purchasing agent on a cost-plus commission basis (commission fixed at 10%), and that Killough breached his contractual and fiduciary duties by failing to produce workable plans and by inflating prices, retaining discounts and levying wrongful cancellation charges; accordingly judgment entered for plaintiffs against Killough, ordered monetary judgment and extensive accounts and inquiries; claim against the company dismissed.