RAM DEEN Vs. SHEO PRASAD

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a suit for recovery of money.

(2.) THE respondents sued the appellant on the allegations that the defendant-appellant appointed the plaintiffs, who were carrying on business in the name of Badri Narain Dwarka Prasad at Kishangarh, as his agents for the purpose of purchasing and selling cotton yarn on conditions that commission would be paid at 8 annas per cent, and interest would be paid on moneys spent by the agents at 10 annas per cent per mensem, besides paying of expenses of postage and telegrams. It was further agreed that if the defendant did not place sufficient funds at the disposal of the agents on the date of delivery of the goods, the same would be sold by the agents at market rate. This agreement was alleged to have been entered into on Jeth Sudi 12, Svt. 2000. It was further alleged that on the same date the defendant purchased through the agency of the plaintiffs two bales of yarn at Rs. 12/11/3 per packet of forward delivery which was to take place on Asar Sudi 15. Samvat 2000, and the defendant was debited with the price of these goods amounting to Rs. 1016/4/ -. It was alleged that the defendant again purchased on Asar Budi 1, 2 and 3 bales of yarn at Rs. 12/7/3 per packet of forward delivery of Asar Sudi 15, Samvat 2000, and a sum of Rs. 1494/6/ representing its price was debited to the defendant. It was further alleged that as the defendant did not sent the requisite money for taking delivery, the five bales of yarn were sold in the market at Rs. 7/14/- per packet, and the defendant was credited with Rs. 1575/- being the price of the said goods. THE plaintiffs claimed Rs. 12/8/- on account of commission, -/i0/- for brokerage, -/5/- for charity, -/8/- postage, and Rs. 2/2/- for telegraphic charges, and Rs. 100/5/- by way of interest. THE plaintiffs gave credit to the defendant for Rs. 201/-alleged to have been deposited by the defendant, and claimed the balance of Rs 850/-, after relinquishing the claim for Re. 1/ -.