Tae " Shan-Pan" and the " Shirtings Guild" appear to have entirely misunderstood the effect of the decision of H.B.M.'s Supreme Court in the case of "Ching-yuen v. G. Barnet and Ca." Both alike treated itas the promalgation of a "new Law," whereas it is nothing more than an application of the well-known and general Law of Contracts, to a state of facts constantly arising in every branch of trade. The Guild first assume that the clause in the godown order is a novelty, and secondly that it stated that "the buyer must, within three days, inspect the goods, and that no claim' for inferiority or damage will, after that time, be admitted." The clause stated nothing of the kind. What it did say was, that after delivery of the goods from the godown of the seller, the latter would not recognise any claim; and, as a matter of fact, the goods remained in the godowns of the seller for, if we mistake not, three months, during any moment of which time the buyer might have inspected them, and, if they had been found not according to sample, have claimed on them—a course which he actually pursued in respect of ten bales, and which resulted in the Court granting hima sum by way of compensation for the difference in value.
The "Guild" and the "Shun Pau" seem to forget that, in most cases, the sellers of shirtings know no more of the contents of the bales than the native buyer, So many bales are sent to the former for sale, As they arrive, so they are sold, the seller getting his commission. So long as they Yemain in his custody, so long, under the terms of the clause in the godown order, is ho answerable for their corresponding with the sample on which they were bought; but the moment they are taken out of his custody, after his control over them ceases, he very naturally declines to be any longer liable—and are removed, Tow can he know what very reasonably, for when the goods has been done with them? Moreover, he has closed his accounts of the sale and, in all probability, has remitted the' money to the party who sent the goods. The seller has acted in good faith. He shows a sample of the goods, he sells according to the sample, and he offers every opportunity to the buyer to seo that the bulk answers to the sample; and the latter can do this at any time while they remain in the custody of the seller, and before delivery.. 1f the custom of the trade. is that only so many bales out of the whole lot sold are usually opened, that is a custom which has sprang out of convenience; and in fact it is one which works well,' because it obliges the manufacturer and packer to be carefal; for if goods of a particnlar chop or mark are found not, goner-ally to come up to muster, such goods become difficult of sale, or sell at a lower price than other goods which are more carefully selected and packed, because buyers have less. confidence -in them, and thus the matter rights itself. But no one would sell goods on commission if, months after delly. of them, he was to be liable for an alleged ference, the truth or oorregtposa of
Text read from the printed page and cleaned; old type leaves the occasional error.