27 Feb 1985
MURATA CO LTD v. TELE-ART LTD
- Citation
- MURATA CO LTD v. TELE-ART LTD
- Court
- Court of First Instance
- Case number
- HCA8058/1983
There was no binding exclusive supply agreement; the defendant by telex of 27 May 1982 and by accepting substantial June deliveries waived its right to treat late and short deliveries as repudiatory and was estopped from insisting on the original delivery schedule; accordingly the defendant could not succeed on its counterclaim for loss arising from cancelled orders and the plaintiff was entitled to judgment for the admitted balance.