19 Feb 1975
KAMSING KNITTING FACTORY (A FIRM) v. TAI HING COTTON MILL LIMITED
- Citation
- KAMSING KNITTING FACTORY (A FIRM) v. TAI HING COTTON MILL LIMITED
- Court
- Court of First Instance
- Case number
- HCA3627/1973
The court held the delivery period stated in the written contract was not intended by the parties to be binding; an implied on‑call contract existed under which the plaintiff could call for deliveries and the defendant would supply; the defendant's letter of 31 July 1973 constituted clear repudiation; s.6(1) did not bar enforcement because part deliveries, payments and documentary records constituted sufficient memorandum/part performance; damages are assessed as the difference between market price at date of repudiation (31 July 1973) and the contract price for the 424.20 outstanding bales.