The defendant, in an affidavit which was read by Mr. Goldring, denied that plaintiffs opened a credit for £2,055 with the Chartered Bank. Such credit, if any, vas opened at the request of, and by arrangement with, Mr. J. J. Dawe, a partner in the plaintiff firm, who was in London about September 8, 1920, and was opened to oblige Messrs. Groom & Ca. Defendant denied that plaintiffs had yet paid any money to the Chartered Bank other than the money received by them as proceeds on the sale of the goods, part of the interest, and Customs duty having been paid by himself; or that they had suffered loss to the extent of the amount claimed. Defendant admitted liability for all such moneys as plaintiffs had paid to the Chartered Bank in respect to these goods, as and when duty paid, but until they furnished proof that they had actually paid the money claimed, he held that he had a good defence to the action, Asked what his defence was, Mr. Goldring replied that defendant was nvt liable unt'! plaintiffs had paid the bank.
His Lordship—You entered into a contract with them for the purpose of obtaining certain goods, and when you refuse to take these goods and pay the contract price they have a right of action agairist you whether they have paid the money to the bank or not.
Mr. Goldring contended that defendant was entitled to know whether the money had been paid. Defendant said it had not.
Mr. Baddeley pointed out that plaintiffs had rendered themselves liable to the bank for £2,055, at defendant's request. He had teen given every consideration and had had two and a. half years in which to liquidate ihe matter. He had said that the goods were ordered on contract, but it was now found that they were ordered for a private speculation.
After further discussion, a week'e adjournment was granted, Mr. Goldring saying that he thought -it possible a settlement could be arrived at, and his Lordship incidentally observing that, liability having been admitted, it would be a waste of time and money to prolong the proceedings.
Text read from the printed page and cleaned; old type leaves the occasional error.