Turning to the law, Mr. Newman said that the circumstances under which the Court was trying the ease were the same as they would have been If the plaintiffs had discovered the over-delivery five minutes. after signing the agreement. The fact that it was five years Inter made difference to the merits of the action, since the plaintiffs had asked for the return of the goods as soon as they learned of the surplus delivery, and this was all that the law required them to perform, defendants discovered that "something was wrong," that there was a.surplus of a' considerable number' of articles which could not be accounted for; they noticed "in March, 1932, that they had certain goods which were over-delivered, and Could therefore only belong to the plaintiffs. "Tt was then their duty to inform the plaintiffs of their dis covery," providing, of course, that they did not think they had got them rightfully.
Regarding the Interpretation of the agreement, and the contention that the Uist of machinery and equipment was not intended to be anything "but reference," and was severable from It, he drew attention to the words list drawn up." If the agreement was perfectly clear without it, the of the list went by the He submitted words "whatsoever and wheresoever" could only refer to "whatsoever" was in the Ist, and "wheresoever" It was in the Ast learned friend says that Mr. Roda said it was intended that everything should be sold. It "but It was also -plaintiffs" intention, that everything should be sold up to the value of Tls. 88,000, That is what Mr, Rodger Intended to say and, T believe, did say later." It was never intended that goods which were In fact valued at over a lakh were for only Tls. 88,000. "I soy that there is no evidence that the whole of the property was intended to be sold at that price:
conclusion, Mr. Newman. said that his Yearned friend said that there was no ambiguity in the agreement; he, {00, submitted that there was no ambiguity in it, That meant, therefore, thay there must be an ambiguity in tt.
Judgment was reserved, Divorce and"Domicile
Text read from the printed page and cleaned; old type leaves the occasional error.