2 May 1983
WELWIN KNITTING GARMENT FACTORY LTD v. WELNADE FABRIC MANUFACTURING LTD
- Citation
- WELWIN KNITTING GARMENT FACTORY LTD v. WELNADE FABRIC MANUFACTURING LTD
- Court
- Court of First Instance
- Case number
- HCA3794/1982
The counterclaim to counterclaim was struck out as superfluous because it added no independent cause of action, functioned only as a defensive set-off included ex abundanti cautela, and its presence would force the defendant to incur unnecessary costs; the proper plea for an unpaid seller who accepted repudiation is to claim the difference between contract price and market price or value, not the full contract price.