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Colonial Cases

Shen Fu Sing v. Bradwell Bloor and Co., 1865

[sale of goods]

Shen Fu Sing v. Bradwell, Bloor and Co.

Consular Court, Shanghai
10 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.

March 10th, 1865.

SHEN-FU-SING, versus BRADWELL, BLOOR & Co.

The plaint in this case was to the following effect:-

That the Plaintiff entered into a contract with the Defendants on the 23rd day of September 1864 to sell and deliver to the said Defendants one thousand Bales of Cotton at the price of Nineteen Taels for mace per pecul, on the terms that the Cotton should be delivered in one month and the price paid as delivered.  That the Plaintiff delivered to defendants on the 13th October 1864 One Hundred Bales of Cotton as a first installment, which Defendants received; that Defendants subsequently refused to receive the remaining nine hundred bales which were purchased and duly tendered by Plaintiff to said Defendants and that in consequence Plaintiff was obliged to sell said nine hundred Bales at a loss of two Taels nine mace per pecul, below his contract price with Defendants; that Defendants are therefore indebted to Plaintiff in the sum of Taels one thousand nine hundred and forty (Tls. 1,940), being the price, as per contract, of the one hundred Bales delivered, and are also indebted to Plaintiff in the sum of Taels two thousand six hundred and ten (Tls. 2, 610), being Plaintiff's loss on the remaining nine hundred Bales, which were purchased by him to complete his contract with Defendants.  In all Defendants are indebted to Plaintiff in the sum of taels 4, 550, which the Defendants refuse to pay.

The reply of the Defendants was to the effect that the Defendants (sic) did not contract as alleged, and that they were not indebted as alleged.

The evidence on the case, which was principally Chinese, failed to establish the claim brought forward; the Court decided that there had been no contract, and non-suited the Plaintiff.

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