Slack v Willis

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 10 June 1968
• Neutral Citation: KN 1968 HC 1
• Docket Number: No. 9 of 1967
• Date: 10 June 1968

The West Indies Associated States High Court.

Glasgow, J.

No. 9 of 1967

Slack

and

Willis

Appearances:

C.F. Henville for plaintiff

F.E. Kelsick and R. L. Kawaja for defendant.

Contract - Terms.

Facts: The plaintiff claimed from the defendant a sum of money being the balance alleged to be due from the defendant for goods sold and delivered by the plaintiff for goods sold and delivered by the plaintiff to the defendant or his agent. Whether there was an agreement between parties.

Held: That on the evidence of the plaintiff which was accepted by the court the defendant was estopped from denying that his agent accepted the goods in question on his behalf.

Glasgow, J.

1 The plaintiff claims from the defendant the sum of $1,711.18 being the balance alleged to be due from the defendant for goods sold and delivered by the plaintiff to the defendant or his agent or servant. The plaintiff also claims interest on the sum claimed at the rate of eight per centum per annum from ‘the date of the writ until payment or judgment.

2 The defendant in his Defence denied each and every the allegations contained in the plaintiff's statement of Claim. He also denied any contractual arrangement whatsoever with the plaintiff either as alleged or at all and said that no goods here ever sold and delivered to him or to any agent or servant of his as alleged in the Statement of Claim or at all.

3 The plaintiff stated in his evidence that the defendant came to him in one year 1963 or 1964 and asked him, to let him open an account with the plaintiff. The plaintiff said that be agreed, and opened an account in the name of the defendant. The relevant ledger was produced by the plaintiff. It showed that the plaintiff opened an account in the defendant's name on 16 ^th September 1964, and on the same day delivered lumber and cement to the defendant. The plaintiff next stated that on 11 ^th December 1964. The defendant gave him $402.40, being payment in full, and that on 14 ^th December 1964 he delivered 120 feet of White Nine boards to one Simmons, the defendant's bearer. According to the plaintiff, the defendant next made a payment on 12 ^th February 1965. When he paid $56.40, and this delivering of goods to the defendant and payment on account of the said goods by the defendant—by cheque in each cases—continued until 17 ^th October 1966 when the defendant paid she plaintiff $216.72 leaving a balance of $1,711.18 due and owing.

4 The plaintiff said that he continued sending bills to the defendant all the time, and that the defendant told him that if Donovan did not return to the Island he did not low how the plaintiff would get his money.

5 The plaintiff said that he knew Ross Donovan as a contractor who used to live on the same estate as the defendant. Under cross examination the plaintiff denied that he knew that Donovan had built three beach houses for the defendant or that the defendant had explained to him that he was opening an account for himself to build three small beach houses, the plaintiff also denied that any of the goods mentioned in the account were ordered by Donovan or that Donovan had come and selected materials for the defendant's account.

6 The defendant said in evidence that he is a retired Combustion Engineer and that he came to retire in Nevis from the United States of America. He said that he had a house...