MEDZ-MOROUKIAN v. HAROUTUNIAN

JUDGMENT OF AKAINYAH J.

In this action the plaintiff's claim is for: (1) The sum of £G100 salary in arrears and owing by the defendant to the plaintiff. (2) The sum of £G73 10s. being expenses incurred by the plaintiff by reason of the defendant's failure to supply the plaintiff with transport from the 4th December, 1961, to the 30th April, 1962. (3) Damages for the breach of the contract of service between the defendant and the plaintiff limited to £G5,000.

By a letter dated the 6th June, 1961 (exhibit A), the defendant (the proprietor of the firm of Leon Haroutunian) made a positive offer to the plaintiff in Manchester, England, in the following terms:

"As you remember before leaving Manchester, in our office we had opportunity together to talk about business, especially for our Accra business and we mutually expressed ideas. If I am not mistaken, during our conversation you said that you were willing, should the opportunity arise, to be prepared to manage our Accra business, providing conditions offered are acceptable to you; for this matter I promised you that I would write upon my arrival in Accra.

I have intention that for Accra there is need for a trustworthy and capable person to manage the business. With pleasure I would give you this opportunity, having in mind your experience in Africa and my own trust in you. If you are still of the same mind and willing I will give you the conditions hereunder: Monthly salary—£G100 (one hundred pounds) per month. Accommodation—Allowance of £G30 per month if you do not live in our house. We will bear travelling expenses, medical expenses and transport expenses in Accra.

Period of tour—24 months. After this period finishes upon condition that all is satisfactory you will be entitled to a bonus. This bonus amount will depend on the result of the business. I would like the person who takes over our Accra business to look after our business and not to take part in any other. I do not think it is necessary to write about business because you have been in Nigeria for a long time and you know everything. The person who is head of our business will do his best to look after the interest of the firm. May be it is necessary to mention that food and clothing expenses are your responsibility. I hope that the above information will be sufficient to present clearly my idea. If I have forgotten to mention anything, write without hesitation and I will gladly reply.

[p.9]

If you think these details are sufficient, I wi