GREY Vs. LAMOND WALKER

JUDGEMENT

(1.) In this suit Mr. Charles Edward Grey, the Official Assignee of Bengal, and as such assignee of the property of Gurmukh Roy Kadia, an insolvent, sues three gentlemen who carry on business in copartnership together under the style of Messrs. Walker, Goward & Co. to recover Rs. 3,199-2-9 as damages in respect of a breach of two contracts for the sale of sugar. The contracts were both dated the 15th of August 1910, and were both for the sale of 50 tons of Java sugar delivered over July, August September and October, 1911, by installments of 12 1/2 tons each mouth.

(2.) On the 15th of June, 1911, Gurmukh Roy Kadia was adjudicated an insolvent, he being in the adjudication order described as carrying on business under the style of Gurmukh Roy Ramessur, and no steps were taken by the Official Assignee until the 18th of September, 1911, for the purpose of completing these contracts. On the 18th of September, 1911, Mr. Grey wrote to the defendants in these terms: "I have to give you notice that you have not yet sent me the arrival notice in terms of the above contracts. I am at present prepared to pay for and take delivery of the goods, etc., etc." No notice had been given of the arrival of any goods by the defendant to Mr. Grey. It appears from the evidence that the first lot of the July goods did not arrive here until August. That appears from the evidence given on behalf of the defendants.

(3.) The following issues were settled between the parties: (i) Was the insolvent the sole proprietor of the firm of Gurmukh Roy Ramessur? (ii) Did the plaintiff or the insolvent ever tender cash before calling upon the defendants to deliver the goods; if not, is the plaintiff entitled to call upon the defendants to deliver? (iii) Was the plaintiff: bound to express his readiness and willingness to perform, the contract in suit within a reasonable time of the insolvency? (iv) Was the plaintiff, in fact, ready and willing to perform the contract? (v) Did the defendants, by stating in their letter of 21st September, 1911, that they had already sold the sugar, refuse to give delivery and commit a breach of the contract?