W KRISHNAMACHARIAR Vs. ASANKARA SAH

JUDGEMENT

(1.) This appeal involves the construction of an inartistic document and the application of clear provisions of law to ascertained facts.

(2.) In December, 1910, the Corporation of Madras were inviting tenders for a contract to mend roads and supply the necessary material. The first appellant introduced the matter to the respondent who is a man of means. The father of the second appellant appears to have possessed considerable knowledge of the work that was required, but unfortunately he was insolvent. Negotiations then took place between the two appellants and the respondent as to the best means by which the tender for the contract might be put forward and the resulting profits divided between them. Ultimately it was arranged that a lease of certain quarries from which the metal would be obtained should be taken from the Corporation in the name of the first appellant who should then transfer it to the respondent, the tender for the work being made in the name of the defendant. The defendant was to provide all the money, the appellants doing all the work, it being understood that the second appellant would discharge his duties vicariously through his father. This arrangement was put in writing and its terms appear in a letter which was signed by the respondent on the 30th December, 1910, and was addressed to the two appellants. It is as follows:- To M. B. Ry. W. Krishnama Chariar and A. V. Subramania Ayyar. In respect of the work to be sanctioned in my name in the tender which is going to be given in the year lull by the Municipality the advance and the money required therefor should be supplied by me alone. That sum should bear interest at 1-2 annas per cent. You two should do the works taking pains. In respect of the profit and loss W. Kriahnama Chariar should have 5-16th share and A. V. bubramania Ayyar 1/4th share for doing the work taking pains and 5-16th share. In this manner the one share should be divided and taken at the end. Accounts, cash and all, should remain with me alone. The expenses of gumastha, etc., should be borne in common. (Signed) A. SANKABA SAH.

(3.) The tender was made and accepted, and a contract entered into with the Corporation to do the work for three years from April, 1911. The actual contract is not before their Lordships, but it is agreed that it ran for three years from the date mentioned and that its purpose was to the effect already stated.