A. very important judgment hai just been delivered by the Provision-Court in an action involving damages for breach of contract, it being held that a defendant who failed to inquire respecting the arrival of cargo which had been. ordered is responsible in damages The action, which was heard Judge Kao Chun-hsiung, was at the instance of Frazar & Ca. Ltd the defendants being "the Yung Chang. Zang, Hong, Fokien Road, and Sau-foo, manager.
Rodger appeared for the plata and) Mr.
Zao Zurting for defendant Judgment is as follows:
Decision—The defendants are ordered to pay to the plaintiff the sam of Ts, 3,046.70 and costs of this action.
Facts.—The plaintiff is an import. and export firm. On April 9, 1920 (ise the 9th year of Chinese Republic) the parties hereto entered ito contract whereby the defendants ordered and purchased from the plaintiff five cases of striped Bedford cords cloth. The said con tract provides that the shipment would be made between January and March, 1921, (10th year Republic). According to the plaintiff's evidence the goods under the contract arrived at, Shanghai in three consignments, fe, in the months of April, May, and June and the plaintiffs firm me structed its shroff to notify the defendants of the said arrival, and to take delivery thereof. The de fendants could not be found, and the plaintiff entered a note in its order
absconded beak, that the defendant "had
Text read from the printed page and cleaned; old type leaves the occasional error.