LAWS(PVC)-1912-2-34

ANGULLIA AND CO Vs. SASSOON AND CO

Decided On February 13, 1912
ANGULLIA AND CO Appellant
V/S
SASSOON AND CO Respondents

JUDGEMENT

(1.) This litigation has been occasioned by the alleged breach of a contract for the sale of sugar. The terms of the contract are set forth in the bought note.

(2.) This document is dated the 28th of February 1910, and is signed by M.C. Misry on behalf of the defendant s firm.

(3.) By it the defendant s firm purports to buy from the plaintiffs 750 tons of white cane Java sugar, the shipments to be made daring August, September, October, November, December equally. The price was Rs. 7-14-9 per bazar maund ex jetty or docks. Delivery was to be taken by the buyer ex jetty or dock within three days, and it was expressly provided as follows: The goods to be at the buyers risk and peril from the time of landing of the sugar until they be removed from jetty, dock, ghat or godown, and should the buyers fail to take delivery of the sugar, the sellers will have the option of re-selling the same in the open market by private sale or by public auction and hold the buyers responsible for all consequences.