[1959]DLCA2057 • June 25, 1959 • Court of Appeal
SACKEY vs. FATTAL
The plaintiff, an illiterate buyer, ordered 40 bales of goods from the defendant. Upon delivery, it was evident that some bales contained goods inferior to the sample. The defendant accepted this state of affairs but denied placing the order personally, claiming to have acted only as an agent. The plaintiff paid for the goods without prior inspection and upon discovering the defects, immediately complained. The defendant did not dispute the complaint.
read more(His lordship stated the facts, and proceeded:—) In the case of each delivery it could hardly be questioned on the evidence that certain bales contained goods which were much inferior to sample, and this state of affairs seems to have been accepted by the defendant. An attempt was, however, made by him, and by Counsel on his behalf at the trial, to deny that the order for 40 bales was placed with him by the plaintiff. This suggestion was repeated by learned Counsel before this Court. It cannot on the evidence be accepted. The defendant was, when his evidence is examined, of defective memory, and the evidence of the witness Brown, who at the material times worked for the defendant as Promotion Sales Manager was clear and emphatic, and upon it, and the evidence of the documents, the learned Judge was fully entitled to find that each of the contracts, for breach of which the plaintiff claimed damages, was a contract entered into with the defendant. Learned Counsel before the tria.....