A preliminary objection has been raised to this action proceeding in the courts of this country. The objection is based on the ground that the parties themselves have contracted that disputes between them should be settled by a court in Modena in Italy.
The endorsement to the plaintiffs’ writ is as follows:
“The plaintiffs’ claim is against the defendants jointly and severally for (a) recovery of the sum of N¢63,061.60 (It. Lit. 37,837,020) being the total value of the plaintiffs’ goods as per particulars of claim, sold by the defendants and which the defendants have made use of it and have refused to refund the same sum to the plaintiffs in spite of repeated demands, and (b) the return of the plaintiffs’ goods of `O.B.C.’ 225 cases of shirts shipped by the Bia River in March 1967, the bills of lading of the said goods which the plaintiffs gave to the defendants and which the defendants have refused to release to the plaintiffs.”
The plaintiffs are a company incorporated in I…