RALLI Vs. GAN KIM SWEE

JUDGEMENT

(1.) THEIR Lordships will not trouble you to reply, Mr. Cohen.

(2.) THIS is an appeal from the High Court at Fort William in Bengal, where judgment was given for the Respondents, the Plaintiffs below, with damages for the breach of warranties contained in five several contracts for the sale of cutch to the Respondents.

(3.) IT is to be observed that that correspondence, which obviously arises from some telegram not before us, had taken place between the parties before the end of April, 1880, and indeed the selected specimen on which so much turns, and which will have hereafter to be dealt with, was taken before the end of April, 1880, and throughout the course of delivery in New York, occupying from the 13th of April until the 21st of October, no complaint whatever is made of either quality or packing until the letter of the 4th of November. Mr. Cowie very fairly admitted that although that letter of the 4th of November refers to some communication by these persons, it refers to some verbal communication on or about that time, and the letter itself, when looked at, does net refer to inferiority of quality at all, but refers, apparently, to the question of false packing;