FINLAY MUIR AND CO Vs. RADHAKISSEN GOPIKISSEN

JUDGEMENT

(1.) The plaintiffs claim is for the price of goods bargained and sold; the defendants plead that the action does not lie and that the goods were not shipped under the contract.

(2.) The facts which have been proved or admitted before me are that by a contract dated March 7th, 1908, the plaintiffs agreed to sell, and the defendants to buy 15 bales of grey C.B. dhooties of the size and quality described in the contract at Re. 1 per pair; shipment to be in April-May 1908; delivery to be taken within 90 days of arrival; interest to be charged at 12 per cent. on payments made after 45 days from actual delivery.

(3.) A number of bales of dhooties arrived in the SS. Sparta on April 15th-fifteen bales out of this lot were selected by the plaintiffs sale-master to be delivered to the defendants in fulfilment of this contract and were divided into two lots, eight bales for the April shipment and seven bales for the May shipment.