J G DOBSON Vs. KRISHNA MILLS LTD

JUDGEMENT

(1.) The plaintiff in this suit is a merchant carrying on business at Manchester in England. The defendants are a Registered Company carrying on business at Beawar outside the jurisdiction of this High Court. In 1907 the plaintiff commenced to contract with the defendants to sell their yarns which the defendants were to pay for in Bombay against documents and shipments of yarn were made in pursuance of such contracts. In respect of one contract after a portion of the yarn contracted for had been taken delivery of by defendants, they gave notice to the plaintiff that they would not take delivery of the remainder owing to inferiority of quality. The plaintiff accordingly did not ship the balance and claims as damages the difference between the contract price and the market price at the date of the notice. I shall call this claim A. In respect of yarn shipped under another contract the defendants refused to take delivery. The plaintiff claims the value of this shipment with interest and charges. I shall call this claim B.

(2.) In October 1907 the defendants consigned to the plaintiff in England 11 bales of yarn for sale and plaintiff advanced - 100 against this shipment. The account sales showed a balance of - 15 due to the plaintiff which the defendants have refused to pay and the plaintiff seeks to recover this sum from the defendants. I shall call this claim C.

(3.) It is obvious that in case of claims A and B the cause of action arose only in part within the local limits of the Ordinary Original Civil Jurisdiction of this Court and that in the case of claim C the cause of action arose wholly outside the said limits.