19 Feb 1982
UNIVERSAL TEXTILE CO LTD v. GINTEX TRADING CO (a firm)
- Citation
- UNIVERSAL TEXTILE CO LTD v. GINTEX TRADING CO (a firm)
- Court
- District Court
- Case number
- DCCJ4317/1980
The court held there was an implied condition of merchantable quality under s.16(2) and s.2(5) Cap.26, found the weaving defects substantial and rendering the cloth unmerchantable for the buyer's foreseeable purpose of dyeing and resale as garments/soft furnishings, awarded the buyer combined reliance and expectation losses (wasted processing and lost profit) totalling HK$41,953.70 on the counterclaim, and after set-off against the plaintiff's claim ordered a net judgment for the defendant of HK$24,253.70.