Mis Honour said:
The Plainti® company, which consists of Messrs, Rodfeld, Ginsburg and 'Teplitsky, who are sians and a Mr. Ting who is a Chirese, claim damages against! Messrs,' Mackenzie & Ca, Ltd. for Tis, 137,482.92, damages for failure to purchase timber on their behalf] and Tis, 137,482.92 for breach of contract to pay old roubles 43,000 fon behalf of plaintiff, and a declaration thut the defendants are Viable to indemnify the plaintiffs against all claims which may brought against them by a third]' party, named Grodetsky. Here I may say at once that Grodetsky thas said in the witness box that he has and can have no claim whata soever against Mackenzie & Ca.
The statement of the claim alleges that by a letter dated Auguyt 25, 1924 from the plaintiffs to the] defendants and in a form of agreement dated Avgust 26, 1924 it was' agreed between the plaintiffs and defendants as follows:—(1) That Mackerzie & Ca. would purchase for and on behalf of the} Shanghai Timber Ca. 400,000 cubic feet of timber at Port Murashki Russian Siberia, which the Lumber Comiany have' had an option buying at the price of 47 sen per cubic foot, inclusive of insurance and freight to Shanghai, from The adore Grodetsky and would make delivery to the plaintiffs at Shang-ai 2) That, for that purpose Mackerzic & Ca. would open a letter of credit for i Of Grodetsky at the statement of claim goes on to say that in consequence of the said agreement the Lumber Ca. agreed buy the timber from Grodetsky on the terms already stated. And that in pursuance of the agreement bbotween the Lumber Ca. and Mac-
Kenzie & Ca. the agents of Macerzie & Ca. vis. the Hongkong Shanghai Bank on or about Septem. her 9, 1924 agreed that Mackenzi:
Ca,' would pay to the Government Department at Vladivostok gold roubles 48,000 due to that department, on export of the timber.
concludes by saying that Grodetsky Bhipped the timber upon two. ships and that. Blessrs. Mac-Kenzie & Ca. refused to make the Payment that they had agreed to, and. consequently' the. Government Forest Department would not allow the timber to be exported, and they the plaintiffs, the Shanghai Export Import Timber Ca. thereby. suf fered the loss and damages Which they claim.
Text read from the printed page and cleaned; old type leaves the occasional error.