The Archive · 1928

Defendants' Denial

'To this proposal, plaintiff is alleged to have verbally agreed, und, later, at defendants' request, it was put in writing. Defendants, by ployed plaintiff to pack 880 tons of eggs, and stated that they would pay' to plaintiff for breaking, freezing, storing, packing and J fivering' such eggs duty free on board Shanghai at the rate of $3 for each 100 Ib. underweight _of whole egos, and $3.20 for each 100 Ib, underweight of separated egos.

In pursuance of the agreement defendants, on or about October 28, 1926, commenced to deliver to plaintiff eggs to be packed on the terms mentioned, and continued to deliver up to November 24, 1926, the aggregate 33 tons and 1.960 Th, of eggs. From and after November 24, 1926, defendants ceased to deliver to plaintiff any further eggs, and, notwithstanding repeated requests by plaintiff, defendants failed to make further deliveries so as to complete the total agreed quantity of 880 tons, In their reply, defendants denied all the petitioner's allegations and added that they never entered into an agreement to supply 880 tons of eggs to plaintiff to pack, but admitted that they had instructed plaintiff to pack a few small lots, for which work plaintiff had been folly paid?

The ease was adjourned,

Text read from the printed page and cleaned; old type leaves the occasional error.

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