J. AYORINDE MARTINS VS FEDERAL ADMINISTRATOR GENERAL
September 5, 2025EBUN OMOREGIE VS DIRECTOR OF PUBLIC PROSECUTIONS
September 5, 2025Legalpedia Citation: (1962-03) Legalpedia 20244 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Mar 12, 1962
Suit Number: SC 284/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
BREITENBURGER PORTLAND CEMENT FABRIK
RESPONDENTS
AREA(S) OF LAW
COMMERCIAL LAW—AGENCY
SUMMARY OF FACTS
The Plaintiffs/Respondents claimed from the Defendant/Appellant the sum of £36,645-12s-6d, being value of goods which the Plaintiffs said they delivered to the Appellant for sale as their agent between April and August, 1957. In the alternative the Plaintiffs’ claim was for an account of the sale of the goods so delivered to the Defendant and payment over of such sum of money as may be found due.
HELD
I would, therefore, allow this appeal.
ISSUES
That the other findings as to the liability of the Appellant were not supported by the evidence before the Court, particularly the documentary evidence including the agreements
RATIONES DECIDENDI
DEL CREDERE AGENCY
A del credere agent is a mercantile agent who, in consideration of extra remuneration, called a del credere commission, guarantees to his principal that third persons with whom he enters into contract on behalf of the principal shall duly pay any sums becoming due under these contracts. Per ADEMOLA C. J. F.
CASES CITED
Sut-ton & Co v. Grey (1894), 63 L.J. Q.B. 633
Baron Alderson in Couturier v. Hastie, 22 L.J. Exch. 97
Shaw v. Woodcock. 108 E.R. 652
Churchill and Sim v. Goddard, (1937) 1, K.B. 92
Houghton v. Matthews, 127 E.R. 263
STATUTES REFERRED TO
Not Available
