N BUCH AND CO Vs. GORDHANDAS MAVJI

JUDGEMENT

(1.) This suit arises out of a contract (Ex. B), dated January 31, 1920, whereby the plaintiffs agreed to sell and the defendants agreed to buy five cases of black and coloured and worsted Venetian at the price of 8 Section 6d. per yard f.b.h. The goods were to be shipped "in two lots monthly from October approximately." The suit is to recover the loss on re-sale of two out of the five cases and damages for breach of the contract in respect of the remaining three cases.

(2.) The plaintiffs carry on business as commission agents and merchants in piece goods. The defendants at all times material to this suit carried on business in partnership in piece-goods in the name of Laxmidas Gordhandas. Two out of the said cases arrived in Bombay per s. s. City of London on August 10, 1920. On August 17, 1920, the plaintiff sent an invoice and also shipment samples in respect of the said two cases to the defendants. On September 28, 1920, the plaintiffs sent an invoice and shipment samples in respect of the remaining three cases to the defendants. On October 22, 1920, the said three cases arrived in Bombay per s.s. Baronjedburgh. The defendants admit receipt of shipment samples in respect of all the five cases, but none of them was produced in Court at the hearing of the suit. The defendants had instructed the plaintiff's to put the initials of their firm, namely, L.G., on the cases, and the same was done accordingly. The invoices (Exhs. C and D) show the mark put on the bales.

(3.) The contract being f.b.h., the defendants had to pay customs duty and clearing charges and to clear the same at their expense. As is usual, however, in such cases, the defendants requested the plaintiffs muccadam to clear the goods on their behalf. They paid customs duty and clearing charges to the muccadam, and the goods were cleared by him and they were subsequently placed in the duty paid ware-house of the Bombay Port Trust.