His Lordship also delivered Judg-/ment in the case in which the second defendant (Mr. Jack Behar) became the plaintiff in an action against the above plaintiff (Mfr, E. E. Ellis) in which he (Mr. Behar) claimed that the defendant (Mr, Elis, representative of Ellis & Ca.)' re-fassed to take delivery of certain shares after a purchase agreement had been signed. Judgment was given for the plaintiff in the sum Tls. 4,590 and costs.
The full judgement fol-
[zed to is one between the present: defendant and a firm styled Odell Bober.
The shares that are in question in this action are 1,200 shares in Ewo Cotton Mills which the plaint agreed to purchase on November 20, 11926 on behalf of the defendants for delivery on March Settlement Day 1927.
There are other shares, namely 1,000 shares in Ziangbe Rubber: Ca., land 2,000 shares in the Tanah: Merah Rubber Ca. but the defen dants instructed the plaintiff to resell these shares before the March settlement day and they were sold fand an there appears to be no di ernment above the difference a regards the sale of these shares, The only question at issue is the price at which the Ewo Cotton Mill shares were sold by the plaintiff and there fore is purely a matter of amount of damages, as regards [these particular shares:
The Price of Ewos The plaintiff alleges that Ts. 6.35 per share was the best price market fon the March settlement day. The defendants say that at least Tle, 7 could have been obtained and also urges that it was agreed that the Toss on all the shares should be put Jagainst the amount that Odell Behar owed Ellis, the present defendant, Tt is quite clear that there was ino such arrangement, namely, to set-off any losses between Ellis' and Behar against the amount, alleged to have been owed by Odell & Behar. Ellis wrote to Behar "as you fare commencing business on youn town account here I would like to assist you whenever possible in the of doing more business. In thi connexion I should like to say, that whatever business we do gether from now onwards either in my own name or in the name of Ellis & Ca,, is not in any way to be confused or mixed up with any outstanding matters of Odell & Behar with myself. I will treat them se~ parately, irrespective of my old accounts outstanding.'
Nothing can be much more definite than that as to there being any set-off with regard outstand-debts of Odell & Behar. So that all I have to deal with is the price of the shares on the March, Settlement Day 1927.
Text read from the printed page and cleaned; old type leaves the occasional error.