So I ll ask a 3rd time, can you please show an actual court final and uncontested statement release on the matter?
5. In breach of Clauses 3(a) and 4 of the Agreement, the
Defendant did not deliver to the Plaintiff finished machine
code master disks of the Program, free of Bugs and other
deficiencies by 31 October 1994, or at all. On or about 6
April 1995 the Defendant delivered to the Plaintiff a version
of the Program which was not free of Bugs and other
deficiencies. Full particulars of the Bugs and other
deficiencies have been supplied to the Defendant.
6. Further or in the alternative, in breach of Clause 5 of the
Agreement, the Defendant failed at his own cost and expense to
correct any Bug which appeared in the Program within 3 months
from first publication of the Program. Full particulars of
the said bugs have been supplied to the Defendant.
{...}10. By exchange of correspondence dated 12 February 1996 from
Jacqui Lyons of Marjacq Micro Ltd ("Marjacq"), acting on
behalf of the Defendant, to the Plaintiff's solicitors, and
their reply dated 26 February 1996, the Defendant agreed to
make immediate repayment to the Plaintiff of £14,709.03 plus
VAT, being the outstanding balance of the Amiga advance.
11. In breach of the said agreement, the Defendant has failed and
refused to pay the said sum or any part of it to the
Plaintiff. By letter dated 23 May 1996 from Guy Herbert at
Marjacq, acting on behalf of the Defendant, to the Plaintiff's
solicitors, the Defendant purported to withdraw the offer set
out in Marjacq's letter of 12 February 1996. Having been
accepted as aforesaid, the said offer was not capable of
withdrawal.
