MAHOMED ISMAIL KHAN Vs. HASAN ALI KHAN

JUDGEMENT

(1.) The plaintiff, Mohamad Ismail Khan, who has died since the institution of the suit and is now represented by his heirs, brought the suit, out of which this appeal has arisen, to recover Rs. 9,000 odd by way of damages for breach of contract.

(2.) There were two defendants in the case (1) Hasan Ali Khan (2) Najirulla Khan.

(3.) Briefly put, the case for the plaintiff was that, on or about the 14 September 19.16, he entered into a contract with the first defendant for the purchase of a quantity of indigo at the rate of Rs. 200 per factory maund. The agreement between the parties was that the indigo should be delivered to the plaintiff about the end of October. The case for the plaintiff was that, on the 7 of November 1916, the defendant, Hasan Ali Khan, refused to give him delivery, thereby breaking the contract.