ERNEST KWEKU ADISI v. FRANS THOMAS DOVE
1923
SUPREME COURT
GHANA
CORAM
- Viscount Haldane.
- LORD DUNEDIN.
- LORd Parmoor
Areas of Law
- Contract Law
- Commercial Law
1923
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This case concerns a dispute over payment for cocoa delivered under a contract. The main issues were whether the contract was made with the respondent or his brother, and when payment was due. The court held that the contract was validly made with the respondent, with his brother acting as an agent for a disclosed principal. It also ruled that payment was due upon delivery, not upon shipment, as per standard contract law principles. The court emphasized that it would not disturb concurrent findings of lower courts without clear reason to do so. The appeal was dismissed, affirming the lower courts' decisions in favor of the respondent.
[Delivered by LORD DUnedin.]
In this case Mr. Montgomery has put every point which could be put for the appellant,
but their Lordships have no doubt that the view taken by both Courts below was the
correct view.
The action is one for payment for cocoa delivered, and there is no question that the cocoa
was delivered. A question was raised at one time as to shortage; but, inasmuch as that is
a point that really depended upon the credibility of the evidence and on which there were
concurrent findings in the Courts below, it would be impossible for their Lordships to go
into any such matter.
The beginning of the negotiations which led up to the contract is contained in a letter
from the appellant to F. W. Dove, a brother of the respondent, dated the 22nd
November, 19I7, which is in these terms:-
"Please offer 1000 bags of cocoa delivered Accra station at the rate of I2s. 6𝑑. per load of
60lbs. weight. The above contract to be filled up not later than Tuesday next. Upon the
cocoa being carted to Lighterage beach stores, immediate payment of the cost thereof
will be made."
To that letter a reply was sent on the 23rd November, 1917, which did not constitute an
acceptance, but made various suggestions as to modification, and in particular did not at
all agree to the suggestion as to payment being made upon the cargo being carted to the
Lighterage beach stores. That letter was followed by a letter of the same date from the
appellant to F. W. Dove in these terms :-
To that letter F. W. Dove replied on the same day as follows:
There is no question that those two letters taken by themselves form a firm contract, and
upon the face of them, if there was nothing else, they are a contract between the
appellant and F. W. Dove, who is the brother of the respondent. But then it was said that
although on the letters the contract was made between the appellant and the brother of
the respondent, the contract was truly made with the respondent. It does not very much
matter whether the view is taken that the contract was truly made with the respondent,
his brother really being put forward as a sort of nominee or prete nom, or whether the
other view, which is probably the more strictly legal one, is preferred; that the contract
was made with the agent of a disclosed principal. Both the Courts below have come to the
conclusion that the latter
is the true position, and certainly it would be very unusual for their Lordships to disturb
such a findin