Judgement in Favour of the Robert Dollar Ca.
Judgement for Tls. 18,549.25 has been recovered by the Robert Dollar Ca. against the Chinese-Portuguese firm of M. Ching Chang, in an action brought recently in the Portuguese Consular Court. In this case, the plaintiff claimed specific performance of a contract for the sale of 1,200 kegs of wire nails, which the defendants had rejected owing to an alleged variance in the sizes of the nails ordered. The Court, which consisted of Consul-General A. Casa—nova, President, and a jury composed of Messrs. A. M. Diniz, d'Encarnacao and C. E. L. Ozorio, held, inter alia, that clause 8 of the contract in question, whereby claims in respect. of deficiency of quality should have been made within seven days from date of rival of the nails, were binding en the defendant, it having been proved further that no claim had been presented even within 30 days after notice of arrival had been served on the defendant. The Court further held that the arbitra. tion clause was null and void, in that a submission to arbitration to be valid should specify the cause of action and the names of the arbitrators. Judgement was accordingly rendered for plaintiff for the entire amount claimed, with interest from August 31, 1921, to date of Desmient and all charges and costs.
Text read from the printed page and cleaned; old type leaves the occasional error.