The Archive · 1922

Judgement Reserved

The hearing was concluded on Wednesday.

Mr. Hartopp replied at length 10 the speech by Counsel for the defence.

His Honour observed that, plaintiffs held that the stipulation in the.agreement for delivery "August-September". was wiped out by the further clause in the contract relieving them of responsibility for "deferred shipment," the question remained as to whether the shipment was made within-reasonable time.

Mr. Hartopp—We say that prima facie, delivery was made within reasonable time.

His Honour:—Defendants say, prima facie it was not. It seems to me you are compelled to argue that it was reasonable time.

Mr. Hartopp:—I say the shipment was a good shipment within the agreement and was, therefore, a reasonable and proper one. defendants say not, it is for them to prove otherwise. They' signed the Further argument was heard, and his Lordship reserved judgement.

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

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