Dole Dried Fruit and Nut Co. v. Trustin Kerwood Ltd. - Court of Appeal (Lloyd & Beldam L.JJ.) - 16 May 1990

Whether counterclaim can be relied on as an equitable set-off

The plaintiffs, a Californian company, appointed the defendants their sole and exclusive agents for the importation and distribution in England of the plaintiffs’ prunes and raisins. On 1 May 1989 the plaintiffs purported to terminate the contract without notice. On 3 August 1989 the defendants commenced proceedings claiming damages for repudiation of the distribution agreement. On 21 August 1989 the plaintiffs commenced separate proceedings in which they claimed $735,000 as the price of goods sold and delivered under a series of sale contracts.