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Colonial Cases

Niou Niou v. Racine, 1896

[sale of goods]


Niou Niou v. Racine

French Consular Court, Shanghai
Dubail, April 1896
Source: North China Herald, 17 April, 1896



Before M. G. Dubail, Consul-General, President, and MM. J. Oriou and A. Schlumberger, Assessors.


   In this suit Niou Niou, a Chinese merchant trading in Shanghai, sued G. Racine, a French merchant, also doing business in Shanghai, for Tls. 2,994.63, the value of 107 bales of goat-skins sold by the former to the latter on the 6th of January last, and of which the defendant refused to take delivery, plus Tls. 2,000 damages. The defendant in his answer alleged that a substitution had been made in the bales, and for that reason asked that the contract should be cancelled.

   The Court in giving judgment said:

   First, Niou Niou has not delivered to G. Racine the original lot of 107 bales, but he has changed the bales and has by irregular proceedings and contrary to good faith, altered the value of the said lot.

   Secondly, G. Racine cannot be forced to pay the agreed price for a merchandise the quality of which has been knowingly altered.

   For these reasons the Court dismisses the case, condemns Niou Niou to pay the costs amounting to 60 francs, and justifies G. Racine in his refusal to take delivery of the 107 bales, and his right to sue Niou Niou before the proper Court in payment of  damages.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School