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Court of Appeal Wellington
17, 18, 19 August; 14 October 1982
Woodhouse P, Cooke J and Sir Clifford Richmond
17, 18, 19 August; 14 October 1982
Woodhouse P, Cooke J and Sir Clifford Richmond
Contract — Breach — Collateral undertaking - "Estimated delivery" of grain drying equipment stated in contract to be "as soon as possible" - Purchaser claimed oral undertaking that delivery would be in time for harvest — Equipment not delivered in time for harvest — Storm damaged grain — Whether purchaser was entitled to damages from vendor for loss of grain — Whether vendor was able to rely on exemption clauses which purported to deny liability for late delivery.