3 Mar 2017
BARONI FOODS LIMITED v P K WHOLESALE SUPPLIES LIMITED [2017] NZHC 335
- Citation
- [2017] NZHC 335
- Court
- High Court
Court found on balance of probabilities that (1) defendant agreed on 27 February 2014 (varied 28 February) to purchase all stock on the updated invoice for $194,325.93 payable by instalments and breached that contract; plaintiff entitled to damages of $123,814.02 plus interest from 22 April 2015; (2) for order 1808 payment was due seven days after the container was received by the seller, goods were unconditionally appropriated when set aside in cool storage so property and risk passed to defendant, defendant's purported rescission was invalid because the cheese was of merchantable quality, a…