20 Jan 1986
WONG SHU HO t/a SUN SUN TRADING COMPANY v. TEXXON & CO. (a firm)
- Citation
- WONG SHU HO t/a SUN SUN TRADING COMPANY v. TEXXON & CO. (a firm)
- Court
- Court of Appeal
- Case number
- CACV10380/1983
The court found that Contract A was effectively a sale by sample and Texxon failed to supply goods conforming to the sample; oral promises by Texxon (to indemnify/accept responsibility) and collateral oral agreements on notification of readiness to open L/Cs constituted enforceable variations with consideration and ousted the operation of the written Condition 14 and strict L/C timing; Texxon breached Contracts A, B and D and plaintiff proved damages for lost profits for A, B and D in specified amounts; the defendant's counterclaim failed because the court found defendant, not plaintiff, caus…