But no documents were ever presented. The payment of the forest dues, it is admitted by Gro-det sky, was nothing to do. with! Mackenzie & Ca, In fact Grodetsky himself had entered into a bond with, the Forest Department to pay them.
And further, the Vindivostok Hongkong Bank had offered to pay' out money on the Letter of Credit on presentation of shipping documents in order that Grodetsky might meet his obligation, was not till November 6 that Mackenzie & Ca, asked that the cargo should be landed at Shangh before payment was made Vindivostok, And as regards this it must be remembered that Mac-
Kenzie & Co.'s agreement with the plaintiffs was cit. Shanghai, Even then Mackenzie & Ca. did all they could to assist the plaintiffs because when the Soviet Department asked for a guarantee fro the Hongkong Bank that Mackenzie Ca, would not recall their letter of credit, Mackenzie & Ca,, although: not called upon to do so, nevertheless instruct the Ba guarantee the Soviet Depart-rent then refuse. And it must be remembered that at this time November 18, the contract be-Grodetsky and Ginsburg had terminated.
Throughout the whole proceedings, even at the "finale," the plaintiffs made no complaint about the procedure of Mackenzie & Ca. in fact there is considerable evidence to} show that all through they were quite satisfied. On each occasion} of asking for an extension of the letter of credit they put it in the nature of a favour to be granted, and on every occasion Mackenzi¢ Ca, granted the favour asked.
T have dealt with the point ax regards the agency of the Vladive tok Branch of the Hongkong Shanghai Bank, pleaded by the plaintiffs and there is no need for mie to deal with the question of] weather the letter of July 15 pleaded by the defence formed part of the contract or the waiver also pleaded by the defence.
1 am. of opinion that the defendants earvied out their contract in every way required of then, and that they have committed no breach.
Therefore I find for the defendants in this case and give judgment accordingly.
Text read from the printed page and cleaned; old type leaves the occasional error.