Unfortunately for plaintiff's contention, the Court of Appeals has decided adversely a very similar ease, where even the phraseology and the dates were almost identical.
There was some testimony regarding the effect of the Chinese boycott in Shantung Province in delaying prior shipments under the' original contracts, but since. according to plaintiff's evidence, this particular cargo was ready for shipment by February 15, its delay could in no wise be attributed to that cause.
In view of the doctrine announced by the Court of Appeals we have no alternative but to find for the defendant; but while a judgement cannot be rendered in plaintifis favour, ho is authorized, in pursue ance of the stipulation between the parties. to dispose of the cargo, which has meanwhile arrived ab San Francisco, and apply the proceeds to his own use. There will be no allowance of costs to either party.
Text read from the printed page and cleaned; old type leaves the occasional error.