[1962]DLSC1394July 20, 1962Supreme Court

BARTHOLOMIEW & CO. LTD. vs. ADU-GYAMFI

JUDGMENT OF KORSAH C.J. This is an appeal from the judgment of Simpson, J. in two consolidated actions instituted by the plaintiffs against the defendant for the total sum of £G1,710 12s. 8d. of which £G784 is for arrears of instalments due under and by virtue of three hire-purchase agreements with respect to three Thames Trade tipper lorries supplied by the plaintiffs to the defendant, and £G926 12s. 8d. is for cost of work and labour done, and materials and fuel supplied to the defendant at his request. The defendant denied liability to pay the sum claimed or any part thereof, and contended that he was induced by a misrepresentation made by the plaintiffs’ agent to enter into the said hire-purchase agreement; that the said repairs for which the sum of £G926 12s. 8d. is claimed, became necessary by reason of structural defects in the mechanism of the said lorries; that despite repeated repairs, the plaintiffs could neither correct nor remove the defects; that he, the ...