C. Versus. George and Company OR Marshall Sons

 C. Versus. George and Company VERSUS Marshall Sons Essay

Before

The Hon'ble Excessive Court of Madras, Tamil Nadu

App No _____/1983

C. Versus. George……………………... …………………. ………………………... Appellant  v.

Marshall Sons. ………………………... ………………............................ Respondent

Table of Contents

Index of Authorities…………………………………………………………….. 2 Assertion of Jurisdiction…………………………………………………………2 Statement of Facts……………………………………………………………….. three or more Questions Presented…………………………………………………………….... 4 Overview of Pleadings……………………………………………………………5 Pleadings…………………………………………………………………………8 Circumstance Analysis……………………………………………………………………. doze Conclusion………………………………………………………………………. 13

Index of Authorities

Charte

Indian Contract Act, 1872....................................................................................................... The Sale of Goods Act, 1930.................................................................................................... � �

CASES

Mahabir Prasad versus. Durga Datta (1961)……………………………………………………… C. C. Exporters v. M. & C. Mills……………………………………………………………….

Affirmation of Jurisdiction of the Appellant

The Appellant humbly submits this comunicacion for one appeal filed prior to this Honourable Court.. This sets out the facts plus the laws where the says are centered.

Statement of Jurisdiction with the Respondent

The Respondent humbly submits this kind of memorandum in response to the appeal filed prior to this Honourable Court.. It sets forth the facts as well as the laws on which the statements are primarily based.

Statement of Facts

We.

On 6th May, 1971, C. Versus George and Company, a contractor in Cochin, expected a estimate for the supply of one sizzling mix plant from Marshall Sons, a dealer in Hot Mixture plants and Mini Crushers. The asked quotation was sent simply by Marshall Sons on eleventh May, 1971. After a few days, on twenty first June 1971, C. Versus. George and Company wanted for a modified quotation which was sent simply by Marshall Daughters on twenty ninth July, 1971. C. Versus George and Company finally placed the order for starters hot blend plant upon 31st This summer, 1971. Within their second offer, Marshall Daughters said that they would supply the popular mix grow within three to four months, controlled by conditions beyond its control. To this quotation, the builder sent a letter saying that according with their previous conversations, the hot mixture plant should be ready by the last week of September. Not any reply affirming this condition was sent by dealer. Nearly a month after the time within just which C. V. George and company wanted to have delivery with the plant, they will received a letter by Marshall Kids stating that he plant would be looking forward to delivery in the center of next month or perhaps earlier and  that they'd requested their particular associate firm to expedite delivery with the machine.

2.

On twenty second November, the year of 1971 Marshall Kids informed C. V George and Company that due to the go slow policy followed by the personnel in the manufacturing plant it would be extremely hard for its relate company to deliver the plan by the end of November and they could try to deliver it by simply 10th January, 1971. There were no further messages between the two parties as well as the plant was eventually given by Marshall Sons on thirtieth January, 1972. Marshall Kids (plaintiff) registered a case against C. Versus George and Company (defendant) in the trial court because of discrepancies together. The objective of filing the case was to  claim  the amount pertaining to the supply in the hot mix plant by C. V George and Company although C. Versus. George and Company made a declare for damage under 4 counts, namely: (1) Rs. 2, 1000 being the price of 12 watt electrical starter equipment with battery complete; (2) Rs. 321. ninety-seven being the expenditure received towards the cost of materials and labour fees for welded and changement of flaws before the commission payment of the flower: (3) Rs. 2, 1000 being the cost of 0. 75 ton of steel and (4) Rs. 8, a hundred seventy five being the hire costs for employing plant through the Cochin Firm.

III.

The trial courtroom held that: (1) there was clearly no opinion among the...

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