Mathieu

This is an action for breach of contract to accept and pay for 200 tons of Indo-Chinese sugar, and also for the sum of 15,000 piastres ($19,500), money expended by plaintiff for defendant’s account. . The defendant has filed a cross-complaint, seeking to recover $75,000 damages for the breach of another sugar contract, and for $1,456,33 money advanced. The contract upon which the suit was brought consisted of certain cablegrams between the plaintiff in .Saigon and the defendant in San Francisco. Those cables refer to the subject-matter as “sucre indigene brun,” the meaning of which was the subject of much controversy at the trial,; plaintiff contending that the words meant the rough brown sugar produced ordinarily in Indo-China,-and defendant insisting that it meant the kind of sugar shown by certain samples alleged to have been exhibited to it.

Previous to April 24, 1920, there had been certain negotiations with regard to In-do-Chinese trade, through the medium of one Schroder, and which will be referred to hereafter. But on April 24th plaintiff sent a cable in cipher to defendant, with reference to these preceding transactions,. and ending with these words: “Should you wish to…