NANA NKANSAH BOADU vs. MASO CONSTRUCTION LTD

JUDGMENT The Plaintiff filed the instant writ for redress and for the reliefs endorsed on the writ of summons. These were recovery of the sum of $100,000.00 with interest at the prevailing bank rate and costs. It was the Plaintiff’s case that he sold an excavator to the Defendant at a cost of $120,000.00. The Defendant had made a part payment of $20,000.00 and had failed to pay the outstanding balance of $100,000.00 The Defendant’s version of events was that it agreed to buy a 1999 model excavator from the Plaintiff. This excavator was to be paid for in 6 installments. The Plaintiff however breached the contract by delivering to it, a 1995 model excavator instead of the agreed 1999 model. The Defendant maintained that the Plaintiff had been fraudulent in his conduct towards it. The following issues were set down for trial: 1. Whether or not the Plaintiff offered a 1995 or 1999 excavator for sale to the Defendant? 2. Whether or not the Defendant by itself or by its agent d...