SUZUKI AND CO LTD Vs. UTTAMLAL MANEKLAL

JUDGEMENT

(1.) This is a reference by the Chief Judge of the Bombay Court of Small Causes, under Section 69 of the Presidency Small Cause Courts Act, in a suit filed by the plaintiffs to recover damages from the defendants for breach of a contract of sale of twenty-five tons of Mauritius sugar.

(2.) By a contract, dated October 21, 1924, the defendants agreed to buy from the plaintiffs fifty tons Mauritius crystal sugar, fair average quality, shipment November-December, divided equally at a price of Section 20/9 per cwt. free Bombay Harbour, to be shipped on the conditions specified in the agreement as follows: 1. The price was to include cost, freight and insurance of particular average. The plaintiffs were not to be responsible for damages other than that recoverable under W.P.A. insurance policy. All duties and all landing customs and dock charges were to be paid by the buyers. 2. On arrival in Bombay Docks of the whole or any portion of the goods of any shipment under the contract the buyers should forthwith pay for and take delivery of them within seven clear days.

(3.) The plaintiffs should allow the buyers on all payments made prior to the seventh day after arrival interest at five per cent, from the date of payment upto and including the said seventh day after arrival of the goods.