Read the full judgment text of CACV 000007/1976 on BabelCite. This Court of Appeal judgment was delivered on 14 July 1976.
1. On the 9th of July 1973 the plaintiff purchased from the defendant 200 tons of P.V.C. resin to be shipped from West Germany in August of the same year. The purchase price was US$635 per ton, to which must be added another US$35 freight charges. The defendant has at no time delivered those goods and is therefore in breach of contract. Matters could have been put simply in that way. The market price in October, when the goods should have been assessed at the difference between that and the cont