Supreme Court
Decision Information
Abstract: Trial for unpaid invoices for goods supplied; counterclaim for excessive freight charges. At issue was credibility of witnesses and existence of a telephone conversation.
Decision: Plaintiff will have judgment on its claim for the unpaid balance. Interest will be calculated on the basis set out in the prayer for relief in the amended Statement of Claim. The counterclaim is dismissed. Plaintiff and defendants by counterclaim will have their costs of this action, but one set of costs only, on the basis of double column 3 of the tariff of costs, no limiting rule to apply.
Subjects: Contract
Debtor and creditor
Keywords: Debt - unpaid invoices
Validity of contract - unilateral or mutual mistake
Quantum meruit - quotations