The original agreement therefore seems to have been entirely thrown aside by mutual consent, Quelch did nov cable his decision to buy at upset price of $4,000, but writes making an offer' of $2,000. Nevertheless he does have the property conveyed to him, which is substantial evidence that he intended to buy. He further suggests that the matter shall be finally fixed up on his return to Shanghai. Pomeroy on hearing of she transfer does not enter up to als credit with the firm the $4,000 as arranged in the first_agreement but merely replies: "The matter can rest for the time being."
The conclusion 1 have come +o on this matter, is that there was a sale of the property for the sum of $2,600 or about that sum, the exact sum to be decided upon when they met in Shanghai. The next point that I will deal with for the same yeason as the former, viz. because 1 have already intimated the conclusion that I felt bound to arrive at, is the question of Pomeroy invoicing the goods to himself, when starting on his trip to Canada and. America as alleged for the purpose of making a secret profit for himself.
Text read from the printed page and cleaned; old type leaves the occasional error.
