||All England Reporter
|| All ER (D) 309 (Dec)
||Queen's Bench Division
Charles Harris QC sitting as a judge of the High Court
||Alolabi Ogunbiyi (instructed by Hackman, Wembley) for the claimant.
||Samuel Laughton (instructed by Rippon Patel & French) for the defendant.
||20 December 2004
Contracts - Contractual term - Construction - Entitlement of defendant to retain deposit - Meaning of 'deposit' in context of agreement.
On the facts, the claimant was entitled to judgment in respect of a sum of $US190,000 which he had paid towards a distribution agreement that the parties had never in fact effected; the contract entitled the defendant only to retain an initial payment of $US10,000 in those circumstances.
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