Shanghai, 19th April.
Before James L. Ropazns, Esq., Consul-General, Acting Judicially, Tax Mint Stomxs ap Gasenat Travia Ca. v. Tae New Yorx Exronr up Import Ao.
'This was the resumed hearing of the by the Mill Stores and General Trading Ca, of 52, Szechuen' Road, against the New York Export and_ Import Ca, of No. 314, Szechuen Road, for Tls. 1,155.51 for damages for breach of contract and the refunding of Tis, 1,900 paid as bargain money.
Mr. John Hays appeared for the plaintiff and Mr. E, H. Lamme for the Virgil was recalled and stated that there wore not more than two ships leaving New York for Shanghai each mouth, They did not leave at any stated time, and called at ports en route, taking about eight weeks to got her A ship arrived here the pre day which had sailed from York on the 27th of January. Wit-jess_had received letters from 19 United Sates Steel Curporation, comber, February, and March, in regard to th contract now in dispute. might leave New York and arrive before a vessel that had lof. No York earlier, The shippers had no sa} matter of the ruts taken. It would be Jinposible to got shipunety here wi: bin sixty days f-om New York.
Cross-examined—Witness received no cargo by the Inirammlis. He could not any whether or not it took longer to ship one class of matoriil than another.
H. 8. Boone, ower he entered the employ of th wut ewmpany lute Novewber a manager.
knew and met him about a couple of months before entering into the present contract. He cagn ted the contract now shown to hi, Ho told Forrester that he wou'd 160 to gut the goods ow as pressible. Forrester said nothing about delivery by the Ist of Fibrnary. The first time he saw or Forroster's ce stract with the it was mentioned at a knew nothing to deliver the won criler had letter be sent ness monti"ned nothing the time of delivery. te simply said ho would et the goods here as soon possible, The writing now shown to him appeared to be a copy ut the ciple his sent on the 2ad of December t Forrester came with rey to the rites happened lat Witness the onb'e hook on tis desk at the time and casually mentioned to Forrester that there was the cable in connection with his order, Forrester made some remark, such as " That's good," but did not ask to soo a translation of the cable, It would take at least sixty days from the receipt of the cable to got an for that class of goods ready i Steel rails would taka varused iron was not usually held in stock and orders had to be filled received. He nised the ' letter produced, of the 24th of November, including the words, "same to be ordered by cable and shipped by fret steamer." This was discussed, but was not settled Fupon and was not embodied in the As o matter of fact, they yallowed words on the contract were a8 8 memo for instructions to their New York office, It was
Text read from the printed page and cleaned; old type leaves the occasional error.