DAYTON PRICE AND CO LTD Vs. SROHOMOTOLLAH AND CO

JUDGEMENT

(1.) This is an appeal by the Plaintiffs against the judgment of my learned brother Mr. Justice Pearson.

(2.) The learned Judge disposed of several of the Defendants contentions in favour of the plaintiffs, but he decided that the clause in the contract " F.O.B. New York " was a condition and inasmuch as it had not been performed, he dismissed the Plaintiffs suits.

(3.) The material facts are as follows:-The Defendants carried on business in Calcutta, the Plaintiffs in New York and Messrs. A. Stein & Co., in Chicago. The Defendants placed an order with the Plaintiffs through their agent in Calcutta. Messrs. Muller and Phipps.