A V JOSEPH Vs. RSHEW BUX

JUDGEMENT

(1.) This is an appeal from a decree of the Chief Court of Lower Burma, reversing the decision of the learned Judge sitting on the Original Side of that Court.

(2.) The action was brought for damages for not taking delivery of a quantity of sleepers. The defendant disputed the breach ; disputed the regularity of the contractual process necessary for the assessment of damages, and disputed that there were any damages. Both Courts have found that there was a breach, and their Lordships do not think it necessary to go further into that matter.

(3.) With regard to the contractual assessment of damages, that was to be fixed in a particular manner :- It is also agreed that in case the said Shew Bux Baboo fails to take delivery of the timber in time, the said A. V, Joseph & Co. will dispose of looally, and the said Shew Bux Baboo will pay the difference in price what the said Company may have suffered.