Williams & Wigmore.
This was a claim by plaintiff against defendants arising out the alleged failure to deliver consignments of steel building materials according to contracts.
Plaintiff states that a contract was made with defendants for the purchase of reinforced steel baa, totalling 141 tons. Delivery on the this first contract was to be 18 tous immediately, 20 tons within two months and the balance in March, 1920. No deliveries were made. Another contract also specified, it is alleged, that there was to be a further delivery of 280 tons of re-infareed steel bars and 20 tons "f round steel wire. Plaintiff asserts that he was forced to buy the materials. in the open market, and suffered losses through having io buy them at a higher figure.
Mr. Hi. D. Rodger for plaintiff, and Mr. J. Schoenfeld for defendant firm.
Mr. F. G. _Boulon, who was manager of Messrs. Gaston, Williams & Wigmore at the' time the deal was made, said that the steel was expected to arrive from the U. S. Advices from the New York offices of defendant concern were to the effect that certain shipments would he made, of which none arrived prior to March, 1920, and when they were received it was found that the materials had: only been sent in small lots. No square bars were delivered at all until May.
Witness knew that the hong was erecting a refrigerating plant in Yangtzepoo, and plaintiff was under a contract to finish the building operations within a certain time. When plaintiff asked for the materials ordered, he added that he was already a month behind with the work.
Certain shipments came from the west coast of America.
Mr. Rodger—Were defendants willing to deliver the west coast shipments that they received?—It so happened that the shipments that came in first from that part of the country were composed of higher priced bars. Defendants were willing to deliver these to plaintiff at the price agreed upon in the second contract, but they refused to supply them under the terms of the original deal.
Text read from the printed page and cleaned; old type leaves the occasional error.