With reference to the contracts for the firat five items for six hundred cases white shirtings, the legal point of view is the same for all five contracts. It if is right, that bankruptey of Owtra Ca, will not release the defendants from the fulfil t of the contracts, as the goods in question cannot be bought only from the firm mentioned, but can be bought at any time in the open market. However, the defendant right in assorting that the contracts in ques ion have been cancelled. As the plaintiff admits, he (plaintiff) declared that ho will cancel the contracts if the goods will not be shipped in duo time." By this declaration the plaintiff, as the Court follows him, said that ho tracts in due therefore acted quite correctly in cancel ling the contracts with the maker in case the goods could consequently also due time between the parties has boon cancelled. And the claim for not fuldlling a contract can be made only if the contract ited 2 of the Cor who has no more interest in the fulAilment of a contract on account of delay of the other party has the right to claim for non-fulfilment of the contract and he can at the same time decline to ha the contract executed, but both these things have to be dono at the same Even the plaintiff himself has not assorted that already at the beginning of March, 1905, he wanted to reserve to himself the right to claim on fulfilment. fore no basis for the of English jeans which have not been delivered. According to the custom of the place contract for this lot must stand void because it 18 not signed by the defend-ante.
The plaintiff is known to be an exceedingly exper ud capable man of business, who looks after hi intereats in every way, and t! is of the opinion that' it is qu of question that if the transaction had been settled he would have accepted contract not boaring the signature of the defendants. All these circumstances show clearly that there had, of course, been discussions between the parties about the formation of a contract, but that a final settlement of the transaction had not been ived at.
Shanghai, 9th May.
Before J.C. E. Dovatas, Esq., Coroner, Re rae peaTs or WALTER
Text read from the printed page and cleaned; old type leaves the occasional error.