Read the full judgment text of CACV 000016/1975 on BabelCite. This Court of Appeal judgment.
2. Applying these principles to the present case we find that the contract was one which did not "fix" the time for delivery, for delivery was to be made, as the judge found, over an indefinite period, the Plaintiff company (the buyers) having a right to call for delivery as and when the goods were needed. It necessarily followed that the damages fell to be assessed under the second part of s.53(3) unless that would produce manifest injustice. In so far as the buyers did make demands which were