Evarist Ugoji V. Theophilus Uzoukwu (1972)

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FATAYI-WILLIAMS, J.S.C.

In suit No. 0/67/63 in the Onitsha High Court, the plaintiff (now respondent) on 25th May, 1963, took out a writ of summons against the defendant (now appellant) in which he, claimed:

“(i) an account of all monies paid and received on all the books consigned to the defendant by the Oxford University Press from January, 1963, until the day of judgment.

(ii) an order of court for defendant to pay the plaintiff a half share of all profits accruing from the sale of the books.”

The facts are relatively straightforward. In reply to a letter dated 22nd March, 1961, which he wrote in his firm’s name of E.U. Ugoji and Sons to the Oxford University Press, a firm of booksellers whose offices are at Ibadan, the defendant (Ugoji) received a letter dated 29th March, 1961, (Exhibit F) from the firm. It reads

“Dear Sir,

Your air letter dated 22nd March, 1961, had been received with thanks. Could you please tell us at your earliest if you are prepared to make a pre payment of 500pounds against your order. This is not a security as it would be credited to your account and you would obtain goods worth your prepayment.

We would advise you however to continue to get your supplies from your usual source until our Travelling Representative could visit your area and report on your premises.

With all good wishes.

Yours sincerely,

For Manager.”

The defendant, apparently on further enquiries from the firm (hereinafter referred to as the press), later that year received another letter from the Press. The contents of this letter dated 29th September, 1971 (Exhibit B)

are as follows:-

“Dear Sirs,