The Sun.
London, England, 1850-12-19 00:00:00

1.4.7e0
417 r o tzutirto-1,

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prius, at Guildhall, before the LORD
CHIEF BARON and a S;:eci%l Jury.)
BIRCHALL AND ANOTHER V. GENERAL STEAM NAVIGA-

TION C 33IPAN Y.
This was an action to recover damages for an alleged
breach of contract.
Mr. Crowder, Mr. H. Hill, and Mr. Unthank appeared
for the plaintiffs, and Sir F. Thesiger and Mr. Knowles
for the company.
Mr. CROWDER, in stating the case to the jury, said the
plaintiffs, Messrs. Birchali, were wool merchants at
Leeds, and they brought this action to recover 5781.
13s. Id. being the balance of the amount of value of 42
bales of wool which the General Steam Navigation Coin-
pany had agreed to convey to Hall, but which were de.
stroyed by tire in consequence of not performing their
contract. It appeared that on the 17th of September,
1849, a sale of wool took place at the Hall of Commerce,
at which a broker named Buckler purchased 42 bales
fur the plaintiffs, for 7281. 12.,% 7d. The conditions of
the sale were, that the goods should be paid for at the
end of fourteen days from the time of purchase ;
three days' "grace," however, were- allowed beyond
the fourteen days by the proprietors of the
warehouses or docks where the goods were deposited,
and if they were not conveyed away by the expiration
of that period, all risk, as well as charge for rent, fell
upon the buyer. When the wJol was purchased it was
lying in the warehouse of Messrs. Gooch and Cousens,
at 63, London-wall. The fourteen days and the three
days' grace expired on the 4th of October, and on that
day Buckler went to the office of the Steam Navigation
Company, and made arrangements fur the conveyance
of the wool. Ho gave the delivery order to a person
in the office, who undertook to dispatch the goods on
the following day by one of the company's boats. That
promise was, however, not kept. Oa the night of the 6th
of October a dreadful fire took place in London-wall,
destroying property to the value of more than 170,0001.,
and among other premises, those of Messrs. Gooch and
Cousens. The wool was burnt in the flames, with the
exception of a small quantity, which was deducted as
salvage from the original cost. The Learned Counsel
con'ended that under these circumstances the defendants
ought to bear the loss, as the goods would not have
been destroyed had they fulfilled their contract to re-
meve thcm from the warehouse at the time specified.
The CHIEF BARON wished to know whether the
Learned Counsel could refer to any authorities, as this
appeared to him to be an action of a very novel
character.

Mr. CROWDER replied that he was not prepared with
any particular authorities, but he apprehended there
was a good ground of action.
The CHIEF BARON said he knew no ono instance in
which a lws of this description had been recovered
under such a contract. Could it be said if a man was
injured by another, and prevented attending the death-
bed of a relative, who, in consequence, cuts him out of
his will with a billing, that the individual so injured
could recover the loss ho had sustained ? The fire
by which the pr)perty was desteoyed was not an ordi-
nary, natural, or legitimate consequence of the breach of
contract, and therefore the defendants, in his opinion,
could not be held responsible for the loss. _ _ _

Several witnesses were called, who proved the facts
detailed above.
SIC FREDERICK THESIGER was about. to aidn as the
j ary, when _ .

- The CHIEF BARON told the jury he was of opinion
that, under the contract, the plaint►ff, could only recover
n Nmtnal damages, as the loss sustained arose from a
purely accideAal circumstance, which no party could
reasonably anticipate or foresee. There was simply a
breach of cont-act in not removing the goods at the
spew tiA time, and under the circumstances he should
direct them to find a verdiet for the plaintiffs with
the nominal damages of ls.
The jury accordingly returned a verdict for the plain-
tiffs—Damgges is.
Mr. CROWDER tendered a bill of exceptions to the
Learned Judge's summing up.
His LORDSHIP refused to certify for costs, observing
that he would not encourage speculative actions in the
superior courts.