ISRAEL MARGOLIS Vs. SARKIS IZMIRILIAN

JUDGEMENT

(1.) This appeal is from a judgment dated 12 December 1944, of the Supreme Court of Palestine, sitting as a Court of Civil Appeal (Edwards and Frumkin JJ.), setting aside a judgment of the District Court or Tel Aviv dated 12 March 1944, and awarding the respondent and plaintiff (as seller) damages against the appellant and defendant (as buyer) for the latter's breach of a contract in writing for the sale of cotton seed, dated 1st March 1942.

(2.) In the Palestinian Courts numerous issues, technical and otherwise, were raised between the parties. Those requiring determination by the Board are, however, comparatively few and the narrative of events may be curtailed accordingly.

(3.) The contract was in the following terms : "Alexandria, 1 March 1942. Seller.- Charles Schlick, Alexandria, or substitute people from Sudan. Buyer- Israel Margolis, 11, Yehuda Halevy Street, Tel-Aviv, Palestine. Quantity.-1000 (thousand) tons of 1000 Kos. each. Goods.-Sudanese cotton seeds, new and old crop. Packing.-In old bags, suitable for export. Price.-L.E.12 (twelve Egyptian pounds) per 1000 Kos., netto/brutto, on basis origin weight, by public Sudanese weigher. Insurance. - Covered and included in Seller's price, to final destination. Destination -To Haifa or any Palestinian port. Shipment.-By sea or rail at seller's option from Port Sudan, to c.i.f. Palestinian ports or rail station. Delivery.-During March until 31 August 1942, from Port Sudan, in one or four lots shipment. Payment.-By opened confirmed letter credit through the Barclays Bank, or by remitting the money by telegraph to the same bank, when seller advises having any chance for place on ship to load goods. Licences. - Subject to seller's export licence, and to buyer's import licence. We herewith undersigned confirm the overmentioned contract and conditions, agreed by both parties."