The Archive · 1916

Court for China

Shanghai, March 8.

Before Hon. C. 8. Louixorer, The Shanghai Tannery Ao,, Ld. v.

The American Trading Ca.

In this case the plaintiffs claimed from the defendants $2,460 gold, and $11,400 Mex. for alleged breach of contract.

Mr. 8. Fessenden and Mr. F. Ellis appeared for the plaintiffs and Mr. W. 8. Fleming for the defendants.

case for the plaintiffs was that on or about February 19, 1915 they and the defendants entered into contract whereby the plaintiffs agreed to buy and the dofendants to sell fifteen tons of quebracho at a price of Gold $134 per toa, the price to include cost, freight, insurance and the defendants' commission, shipment to be made in the month of March of the same year. Plaintiffs claimed that at the time of entering into the contract the agents and representatives of the defendant company knew that quebracho was a vegetable extract extensively used in tanning leather and was wanted by the plaintiffs for that purpose and that the plaintiffs relied upon obtaining the fifteen tons of quebracho in order to carry on their business of tanners, The defendants after a long delay failed and refused to ship and deliver to the plaintiffs all or any part of the quebracho to the great damage of the plaintiffs although the latter were at all times ready, willing and able to perform their part of the contract and had offered to do so.

Upon thet failure and refusal of the defendants to supply the plaintiffs with the quebracho: in accordance with the contract, the plaintiffs had made every reasonable and possible effort to purchase que-brocho elsewhere, but were unable to obtain it in Shanghai or in any other, available market in time to

Text read from the printed page and cleaned; old type leaves the occasional error.

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