Legal—A Recent Decision.

Progress, Volume II, Issue 2, 1 December 1906, Page 69

Legal — A Recent Decision.

Contract. Fraudulent Concealment of Material Fact. — Scott, Fell & Co. contracted with Mr. Lloyd to buy from him 5,000 tons of Abermain coal which had been then purchased by him from the Abermain Colliery Company, Ltd., and which he was to deliver to Scott, Fell & Co., as agreed upon. In an action by Scott, Fell & Co. against Lloyd for failure to deliver the coal, he alleged that before the contract Scott, Fell & Co. knew that the Abermain Coal Co. had agreements with certain persons not to supply coal for shipment to South Australia to any one but such persons, but concealed such knowledge from him and also the fact that Scott, Fell & Co intended to ship the coal to be purchased from him to South Australia, that Scott, Fell & Co. asked him to direct the Abermain Coal Co. to deliver to Scott, Fell & Co. the said coal for shipment to South Australia, and the Abermain Coal Co. refused to do so. Held that Scott Fell & Co. were guilty of fraudulent concealment, and Mr. Lloyd was entitled to rescind the contract. Scott, Fell &• Co. v Lloyd VI N.S.W. State Reports 447.

According to the returns just issued there was an increase of in Canada's foreign trade during the last fiscal year, and of this increase £8,000,000 was with Great Britain.