RUSTAMJI A DUBASH Vs. HAJI HUSSEIN LARI

JUDGEMENT

(1.) On the 6th of September 1918, a contract was entered into between the plaintiff and the defendants for the purchase by the defendants of ten bales of Liepmanns White Shirtings No. 1500, each bale containing 50 pieces at Rs. 35 per piece c. i. f. Bombay, shipment September 1918. Terms and conditions as per plaintiff s purchase from Messrs. Girdharidas Radhakisandas on further terms and conditions of Messrs. Volkart Bros , contract, freight in excess of 78 Sh. per ton and war risk insurance over 5 1/2 per cent, to be borne by the purchaser.

(2.) It appears that, on the 21st of August, the plaintiffs had bought 30 bales of these Shirtings from Girdharidas and on the 22nd of August they bought 25 bales of similar Shirtings from Messrs. E. D. Sassoon & Co.

(3.) On the 13th of November, plaintiff received from E. D Sassoon & Co. an invoice for ten bales of the contract goods. Notice was given to the plaintiff that the steamer had already arrived and that the goods were lying at the docks at the plaintiff s risk.