LAWS(PVC)-1922-7-68

CHOTALAL LALLUBHAI Vs. CHAMPSEY UMERSEY & SONS

Decided On July 03, 1922
CHOTALAL LALLUBHAI Appellant
V/S
CHAMPSEY UMERSEY AND SONS Respondents

JUDGEMENT

(1.) This is a suit for the price of twenty-five bales of Japanese yarn agreed to be sold by the plaintiffs to the defendants, and in the alternative for damages for failure on the part of the defendants to pay for and take delivery thereof.

(2.) By a contract dated 2 February, 1918 (Exh. A) the plaintiffs agreed to buy from Messrs. Gosho Kabooshiki Kaisha twenty-five bales of Japanese yarn of February-March 1918 shipment, but the shipment was not guaranteed.

(3.) By a contract in the Gujarati language dated 21 August 1918 the plaintiffs agreed to sell the said twenty-five bales to the defendants. The following is an official translation of the material portions of the said contract:- This day we have purchased from you the goods of the below written details in accordance with the bazaar rules of which you please take note To cancel or not to cancel the sold goods for any of the reasons solely depends upon you. Cotton yarn No. 60/2 ...of Japan shipment for February-March 1918 bought of Messrs. Gosho Kaisha; (the delivery of the same) is to be given whenever the same may arrive earlier or later, (and) on the safe arrival (of the same) by steamer.