16 Dec 2006
NAN HAI SHI JIU AND OTHERS v. NEWRY LTD
- Citation
- NAN HAI SHI JIU AND OTHERS v. NEWRY LTD
- Court
- District Court
- Case number
- DCCJ4651/2004
Defendant's clear instruction to ship to a 40‑foot container (fax 20 Sept 2003) constituted an effective direction and not a waiver entitling defendant to refuse balance; defendant was liable to pay for the excess 5,760 pairs under the first PO; defendant accepted the goods under the second PO by part payment and subsequent silence and is liable for the balance of the contract price.