NAZARALI SAMSUDDIN Vs. MALWA AND CO

JUDGEMENT

(1.) The plaintiff is a hardware merchant carrying on business in Bombay. On the 1st May 1916 he signed an indent form addressed to Malwa & Co., the trade name of Ardesar Bhikajee Malwa, the defendant.

(2.) The important printed clauses for the purpose of the case are 1819 as follows :- 1. I hereby request you to instruct) your agents to purchase for me in Europe and Japan (if possible) the undermentioned goods on my account and risk upon the terms and limits stated below. 2. It shall be optional with your agents to execute the whole or any part of this order and if more than one report is given to me the last one to be considered as binding on me. Each kit or shipment to be considered a separate contract.

(3.) Terms of payment. I authorise you to draw upon me for the total amount of invoice in draft or drafts at 30 day a sight at current rate of exohange and such draft or drafts I bind myself to accept on presentation and pay at maturity. In the event of the goods arriving before the drafts become due I agree to retire the same. No claim shall be raised by me before I accept and retire the bill or bills.