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Colonial Cases

Gundry and Co. v. Ta Foong, 1869

[sale of goods]

Gundry and Co. v. Ta Foong

Mixed Court, Shanghai
Source: The North-China Herald, 21 August 1869



A case of considerable mercantile interest has been heard during the week at the Mixed Court.  The claim was instituted by Messrs. Gundry & Co. against a Chinaman named Ta-foong for Tls. 1,000, bargain money on 10,000 pieces of Grey Shirtings sold to him.  The chief point raised was whether the Chinaman was justified in throwing up his contract on the ground that the well known Eagle chop of Messrs. G. & R. Dewhurst had been rendered less saleable than formerly by the addition of a new trade mark, which that firm has seen fit to place on late shipments of Goods.  Several prominent importers were called as witnesses by H.B.M. Vice-Consul, and decision was given against the plaintiffs on the ground that a differential value is attached to DM/over/AS are known and recognised in the market.  Defendant bought the old chop goods not the new, and was entitled, when he could not get the chop he bargained for, to throw up his contract.

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