Jardine "Matheson & Ca., Ld.), were appointed by the British Chamber of Commerce to examine and report on the shipment. Defendants entered into negotiations with the plaintiffs with a view to a possible settlement of the matter by a reduction of price, and asked for an extension of time on the bill, but this was refused. Defendants thereupon rejected the goods on the ground that their quality and finish were not according to the sample sent to England and that plaintiffs had thereby committed a breach of a condition of the contract. In so far, therefore, as the sum of £1,060. 16.11 was concerned, there had been a total failure of consideration for the acceptance of* the bill, and defendants therefore had a good defence to the action.
Thus, said counsel, there were questions of fact, as to quality, and flaw, which should go for trial.
Mr. Badeley, in reply, submitted that there had not been total failure of consideration and partial failure was no defence to a bill of exchange. Defendants' remedy was to bring an action for breach of contract. In any event, the case was not in-this jurisdiction and should be sent ome for trial. If tried here, there would be considerable delay in having evidence taken on commission in Manchester.
Text read from the printed page and cleaned; old type leaves the occasional error.