High Court of Australia
OF AUSTRALIA. 499
difference to the institutions concerned, as the will directs H-C. ov A. "all the legacies are to be paid free of State and Federal estate "8"! 'The general residue bears all the burden of duty. Dae
Srate oF
J. Tconcur in the opinion given by my brother Higgins, V#TOR4.
Judgment jor the defendant with costs. for the plaintifis, Emerson e& Tietyens, Albury, by W. for the defendant, B. J. D, Guinness, Crown Solicitor for
BL.
[HIGH COURT OF AUSTRALIA.) Puarntirr ;
Derexpayt.
_patory breach by purchaser—Measure of damages—Goods Act 1915 (Viet.) (No. 2003), sec. 54.
On Ist June 1920 the plaintiff in Caims sent to the defendant in Melbourne 'telegram offering to sell 500 tons of prime maize at £16 a ton free on board
"at Guims for delivery in July or August at seller's option. On the same day "Sine 33" the defendant sent in reply telogram accepting the offer, and adding * Please
_ forward contract." The plaintiff by telegram on the same day acknowledged 'mecipt of the last-mentioned telegram, adding "Confirm sale 500 tons."
On 9th June the plaintif sent to the defendant a contract note containing
'terms in addition to those stated in the telegrams; and on 19th June the
'Mfendant wrote in reply stating that he objected to certain of the added
HIGH COURT 1921,
terms, and saying "The contract we purchased from you was a clean con.
tract f.0.b. Cairns for shipment during July or August at seller's option." Oa
20th June the plaintiff sent a telegram to the defendant in which he said that
the contract must have some conditions, and that he agreed to delete certain
of the terms objected to. On 2nd July the defendant sent a telegram to the
plaintiff in the following terms :—
twenty-ninth ulto. All
On 3rd July the plaintiff sent to the defendant a telegram in the following "Contract entered into on 2nd June. Does your telogram of ad
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