JUDGMENT

Rankin, C.J. - In my opinion, this appeal should be dismissed. Mr. Page for the appellant has given a very careful and reasonable argument, but the question is what we think of the merits of the application which has been made by his client that the leave granted to the plaintiff under Clause 12 of the Charter should be revoked and the plaint should be taken off the file and returned to the plaintiff. The plaint, as I have already observed in another appeal (Appeal from Original Order No. 29 of 1930), is open to the criticism in respect that its opening paragraphs are apparently intended to foreshadow a case for damages for misrepresentation of facts inducing the plaintiff company to enter into a contract for the purchase of goods. But, for the present purpose, I shall deal only with the rest which is the main portion of the plaint; and, there again, when I come to the prayers at the end of the plaint, I find that the matter is in no way made clear. It is intended to be an action for damages for breach of contract on the part of the defendant company in failing to deliver goods which were according to the description ordered by the plaintiff.

2. The plaintiff's case is that