Lord Phillimore :-

This is an appeal from a decree of the Chief Court of Lower Burma, reversing the decision of the learned Judge sitting on the Original Side of that Court.

The action was brought for damages for not taking delivery of a quantity of sleepers. The defendant disputed the breach; disputed the regularity of the contractual process necessary for the assessment of damages, and disputed that there were any damages. Both Courts have found that there was a breach and their Lordships do not think it necessary to go further into that matter.

With regard to the contractual assessment of damages, that was to be fixed in a particular manner :-

["It is also agreed that in case the said Shew Bux Baboo fails to take delivery of the timber in time the said A. V. Joseph and Co. will dispose of locally, and the said Shew Bux Baboo will pay the difference in price what the said Company may have suffered."]

In fact, Joseph and Co., put this property up for auction in an apparently regular manner; there was an auctioneer employed; it was advertised; and at the request of the defendants, the auction was postponed, and then held. Very few purchasers came forward; they were not people of much i