1918 Present: Bertram A.C.J. and De Sampayo J.

DIAS v. CONSTANTINE

133-D. C, Galle, 14,954.

Jurisdiction-Goods supplied by person residing at Galle to a person residing at Kalutara-Action for value of goods sold-Has Galle Court jurisdiction ?-Place of payment-Sale of Goods Ordinance.

Plaintiff, a resident of Galle, entered into an agreement with the defendant, who was residing and carrying on business at Kalutara, to supply goods at Kalutara.

There was no express agreement as to the place of payment. Plaintiff brought this action in the District Court of Galle for the value of goods supplied.

Held, that the Court had jurisdiction.

Prima facie, in commercial transactions, when cash is to be paid by one person to another, that means that he is to be paid at the place where the person who is to receive the money resides or carries on business.

THE facts are set out in the judgment of the District Judge: -

This is an action to enforce a payment on a sale of rubber stumps supplied. The Court has jurisdiction. The plaintiff offered stumps for sale by advertisement. The defendant, a seedsman at Kalutara, wrote about them, received a sample