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Court of Appeal Wellington
17, 18, 19, 20 February; 1 April 1969
North P., Turner J., McCarthy J.
17, 18, 19, 20 February; 1 April 1969
North P., Turner J., McCarthy J.
Contract — Interpretation of contract — General rules of construction — Commercial contract "based on a balance sheet" — Surrounding circumstances indicating intention of parties — Whether indemnity, condition or warranty — Damages for breach.
Negligence — Arising out of special relations — Balance sheet of company prepared and certified by firm of accountants and auditors — Partner of firm later produced balance sheet to eventual purchaser — Errors in balance sheet — Liability of firm to purchaser Proof of loss — Companies Act 1955, s. 468.