Tne., defendants in the action brought by Mr. A. A. Vinckouroff in the United States Court for China for alleged breach of contract for failure to deliver cocoa butter sold to plaintiff snd to be shipped from Rotterdam, were upheld as being without foul. for cancelling shipments in view of the hostilities then raging round Shanghai. Dismissing the complaint, Judge Milton J. Helmick, gave the following opinion—"In the opinion of the Court the defendant was without fault in cancelling shipments for plaintiff which had not already left Rotterdam, in view of the hostilities which were then raging within and around Shanghai. The plaintiff's neglect or i ability to pass Customs on the shipment which did arrive in Shanghai was a breach of the contract on his part, and the Court thinks the defendant was relieved of any duty to bring on the rest of plaintiff's order, especially by the burdensome method of trans-shipment from Hongkong. The Court thinks the defendant acted with ordinary prudence and within iis rights and committed no breach to the damage of plaintiff. The complaint will be dismissed."
Text read from the printed page and cleaned; old type leaves the occasional error.