Haeth Defence and Counterclaim(1)

6 it refers to paragraph 5 above and paragraphs 8 and

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6. It refers to paragraph 5 above and paragraphs 8 and 9 below and denies the allegations in paragraph 6. 7. It admits paragraph 7. 8. Further or alternatively on 30 April 2011 the plaintiff in consideration of the defendant entering into the lease agreed with the defendant that the roof of the factory should be repaired in a good and workmanlike manner and that a plumber would commence the said repairs in early May 2011 and would complete the work by mid May 2011. PARTICULARS The agreement was partly oral and partly implied. Insofar as it was oral it was constituted by a conversation between Mr. Michael on behalf of the plaintiff and Mr. Smith on behalf of the defendant which took place on the premises on 30 April 2011. The substance of the conversation was that Mr. Smith said that the roof was old and leaking and that he would not take the premises unless it was fixed, and that Mr. Michael said that he need not worry about the roof and that he would engage a plumber to restore the roof who would start work in early May 2011 and would complete it by mid May 2011.
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