25 Jul 1995
WELLFIT INVESTMENTS LTD v. POLY COMMERCE LTD AND ANOTHER
- Citation
- WELLFIT INVESTMENTS LTD v. POLY COMMERCE LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA8737/1990
The judge found on primary facts that the 2:30 p.m. telephone conversation extended the purchaser's completion time from 3:00 p.m. to such time as would not prevent the confirmor completing the principal agreement by 5:30 p.m.; therefore the 3:24 p.m. purported rescission was ineffective and the confirmor was in repudiatory breach when it refused to complete at 4:48 p.m., entitling the plaintiff to judgment and a hearing on specific performance issues.