BASDEO RAM SARUP Vs. DILSUKHRAI SEWAK RAM

JUDGEMENT

(1.) Second Appeal No. 862 and Second Appeal No. 960 of 1921 are connected appeals arising oat of the same snit. The plaintiff's firm brought a suit to recover a Bum of Rs. 1,265-13-0 with interest, on the following allegations, Their case, devoid of all unnecessary details was that the plaintiffs, as agents of the Standard Oil Company, sold 900 tins of Karosine oil to the defendants the price of which was Rs. 3,982-13-0, that the defendants paid only a sum of Rs. 2,717 and that the balance of Rs. 1,265-13-0 was still due. The plaintiffs claim to recover this amount with interest.

(2.) On behalf of the defendants it was son-tended that the sum of Rs. 2,717 had been paid in full payment of the plaintiffs claim and that having accepted that amount, the plaintiffs are no longer entitled to claim any balance. It was further pleaded that a sum of Rs. 500 had been paid by the defendants as advance money for the oil contract and should be deducted.

(3.) The Court of first instance decreed the plaintiffs claim for the recovery of Rs. 1,265-13-0 and disallowed the defendants objection as be the payment of Rs. 500: There were two appeals filed before the learned District Judge who has affirmed the decree of the Court of first instance. The defendants have some up here in second appeal, and, on their behalf, it is contended that it is not now open to the plaintiffs to ignore the conditions under which the amount of Ms. 2,717 was paid under a sheque and to claim the balance.