[2] The plaintiffs claim was a straight forward claim for goods sold and delivered. It was not in dispute that the goods that the plaintiff had agreed to manufacture for the defendant had been delivered to the defendant and that the price of the goods had not yet been paid by the defendant. As the basic facts giving rise to the claim were not in dispute, I entered judgment for the plaintiff in accordance with para 10 of its statement of claim.

[3] While the defendant did not deny having received the goods in question, it claimed that the plaintiff was negligent in including in the repellent formulation ingredients that were pesticides and which required registration under the applicable law. This negligent act, it was contended, resulted in losses being sustained by the defendant. The defendants counterclaim exceeded the amount of the plaintiffs claim.

Material Backgroun