The Archive · 1928

Where Responsibility Rests

As this la a mutual agreement so doth parties have obligations to per form their respective duties. Putting, aside the question as to whether the plaintiffs allegation to the effect that the defendants could not be located it credible or not, the plaintiff however waited for thrax years before reselling the said goods. Assuming this to be a fuct, and taking for granted that the defendant never moved his place of business elscwhere, the defendant should within the said period have made inquiries from the plaintiff for the delivery of the goods in order to conform with the terms of the contract, Now upon examining the defendants regaviling the above, we found their statement is incoherent.

It is therefore clear that the responsibility for the breach of tne contract rests with the Jefendants and not with the plaintiff. plaintiff! has proved its damages, and it is hereby ordered that the defendants pay full damages to the plainti in accordance with Art, 97 07 C.P.C.C, and the judgment above rendered.

Text read from the printed page and cleaned; old type leaves the occasional error.

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