Matsui & Co v Brown

The plaintiffs requested an action to enforce an agreement regarding the repurchase of an engine and “accompanying material,” an arrangement this party had claimed to have come to with the defendants, who sold them the goods. (502) Matsui & Company alleged that Brown et al agreed to repurchase the goods if shipping space for Japan was not secured within one month of the arrival of said goods. Justice Clement determined that it was the plaintiffs’ responsibility to notify the defendants that they desired a repurchase. He emphasizes the significance of shifts in the market since the goods were purchased, and expresses the opinion that the plaintiffs intentionally refrained from asking for the repurchase while economic conditions made this option less favorable to them. He ordered a dismissal of the action, without costs. Griffin and Montgomery stood for the plaintiffs, L.J. Ladner and Cantelon for the defendants.