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Colonial Cases

Roberts v. Bradwell Bloor and Co., 1865

[breach of contract]

Roberts v. Bradwell Bloor and Co.

Consular Court, Shanghai
13 March 1865
Source: The North-China Herald, 18 March 1865

 

H.B.M. CONSULAR COURT.

Before - SIR HARRY S. PARKES, K.C.B., H.B.M. Consul,

AND TWO ASSESSORS.

13th March, 1865.

J. S. ROBERTS versus BRADWELL BLOOR & Co.

This action was brought to recover Tls. 1,200, for repairs made to the brig Sarah. For materials supplied and damage sustained.  The plaint was to the following effect:-

That the said defendants are indebted to the plaintiff in the sum of Taels 800 for repairs upon the brig Sarah made by the plaintiff in execution of a contract between the plaintiff and the defendants, made on or about the 28th day of October 1864, and in a further sum of Taels 203.36 for work and materials furnished by the plaintiff to the defendants, at their request, in addition to the repairs specified in said contract.  Also that the defendants are indebted to the plaintiff in the sum of Taels 1003.36 for work and materials furnished by the plaintiff to the defendants at their request.  And that the said defendants, though often requested, have neglected and refused tom pay said sums or either of them, to the damage of the plaintiff in the sum of Taels 1, 200.

This case was settled at the outset, before going into evidence, on the following terms:-

That the defendants should pay the whole of the plaintiff's claim, viz: Tls. 1003.36, with costs of Court; and that on the Sarah's return to shore, she should be surveyed by two competent surveyors and that the plaintiff should repay what (if any) sum might be found due by reason of the vessel not being completed according to contract.

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