BANK OF MORVI, LIMITED Vs. BAERLEIN BROS

JUDGEMENT

(1.) This suit arises out of a contract by which the defendant Bank in Bombay agreed to purchase from the plaintiffs in Manchester fifty bales of American bleached yarn double 40 c. i.f. Bombay on certain terms. The contract itself is contained in two telegrams, viz., one dated December 17, 1919, despatched by the Bank to the plaintiffs at Manchester and the second despatched from Manchester by the plaintiffs on December 24, 1919.

(2.) On December 24, 1919, the plaintiffs also wrote to the Bank in Bombay as follows:-- We duly received your two telegrams of the 17 instant asking us to place sundry orders at the best possible prices, for which we thank you. We beg to confirm our cable informing you that we had placed." [Then they set out the price of the goods.] "We may say that we have booked these prices at the lowest possible prices and earliest shipment. In the present state of our market it is impossible to guarantee delivery, and it must be understood, in case any of the yarns are a little late, there must be no claim for late delivery. You can however rely on our shipping the yarns to time, if this is at all possible.

(3.) To that letter the defendants replied on January 23, 1920, as follows:-- We are duly in receipt of your favour of the 24 ultimo together with your sale notes for which we thank you. Shipments. We note that it is impossible to guarantee delivery in the present state of your market. We however hope that you will do your best to expedite the shipment as early as you can and will cable us the name of the steamer, currying our goods.