[1987]DLHC1215 • March 17, 1987 • High Court
THE PROPRIETOR; MOK BEER BAR vs. GADA
The respondent purchased two bottles of locally made whisky from the appellant's beer bar, paid for them, and requested the appellant to keep the bottles until he came to collect them. The appellant's wife, in the appellant's absence, sold the bottles to another customer. The respondent sued for the value of the whisky and later for damages for breach of contract, claiming loss of reputation with a third party, Kofi Braku, due to failure to supply the drinks as promised.
read moreJUDGMENT OF AGYEPONG J. The appellant is the proprietor of a beer bar, called Mok, at Zongo Lane, Accra. The case of the respondent in the court below was that on 18 December 1974, he went to the appellant’s beer bar and purchased two bottles of locally made whisky from the appellant. According to the respondent, he bought the whisky in the presence of the appellant’s wife. The respondent paid for the whisky. He appealed to the appellant to reserve the two bottles of whisky for him until he came for them. When the respondent went to collect the bottles of whisky, the appellant told him that he had sold them to another customer and collected the proceeds thereof in addition to the purchase price already paid by the respondent for the two bottles of whisky. The respondent took action against the appellant in the court below the outcome whereof was that the appellant paid ¢11.00 the cost of the bottles of whisky and ¢2.00 court fee to the respondent: but no costs. The act...