M B MEHTA AND CO Vs. JOSEPH HEUREUX

JUDGEMENT

(1.) The plaintiffs in this case are a firm trading in London. In February 1921, they opened negotiations with the defendants firm in Bombay for the, purpose of entering into business relations with them. Certain terms were arranged on which business was do be done. One of the terms was that each party was to defray the cost of their respective cables. All prices quoted by the plaintiffs were to be c. i. f. c. i. (c. i., that is, commission and interest) Bombay. The price was to include five percent. commission for the defendants. The commission was to be credited to the defendants and was to be remitted to them by the plaintiffs every six months in July and January. The relative documents were to be covered by a draft at sixty days sight, documents against payment.

(2.) On February 28, 1921, the defendants sent to the plaintiff order No. 2063 for thirty-five tons of soft steel plates of certain dimensions. The price quoted by the plaintiffs being unacceptable no immediate business resulted.

(3.) On November 3, 1921, the defendants cabled an offer relating to their order No. 2063, but the plaintiffs refused this offer and made a counter-offer to the defendants who in turn cabled in reply on November 12 making a modified offer, and eventually the plaintiffs by their cable of November 14, 1921, finally accepted the order in the following terms:-- 35 tons mild steel plates as per order No. 2003. Price - 9-10-0 per ton c. i. f. c. i. Bombay including war risk. Shipment January / February. Draft at 60 days sight, documents against payment.