Edgar Joseph Jr J:

This was a plaintiff purchases' claim for damages for non-delivery of goods alleging loss of profits on resale.

At all material times to this suit, the plaintiffs were and are an incorporated company having their registered office and place of business at 6255 rue Hutchinson Street, Montreal, Quebec, Canada, while the defendants were and are an incorporated company having their registered office at Lot 1242, Sungei Kluang Estate, Bayan Free Trade Zone, Penang.

The plaintiffs were and are also traders importing garments from suppliers in various countries including Malaysia, Singapore, Hong Kong, China and Taiwan, for resale to retail outlets being, they claim, approximately 500 departmental chain and speciality stores in Canada. The defendants were the Malaysian suppliers of the plaintiffs since 1963 until sometime in 1979, when disputes between the parties arose ending in the present litigation.

It was alleged in the statement of claim that by 26 contracts in writing - all in a printed common form and prepared by the plaintiffs - made between the months of March and June 1979, the plaintiffs ordered and the defendants agreed to deliver certain goods, n