MOTI LAL Vs. RADHEY LAL

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for rendition of accounts. The defendants, second party, a firm styled Mithu Lal Gopal Dass purchased 1153 bags of wheat, 9 bags of arher and 4 bags of gram on different dates between 14th June and 9 July 1924 through the agency of the defendants, first party, a firm styled Gobind Ram Brij Lal, and carrying on business as commission agents. These goods were sold by the firm of Mithu Lal. The trial Court has found that in respect of this transaction, a sum of Rs. 1,771-13-6 remained due to the firm of Mithu Lal Gopal Dass from the firm Gobind Ram Brij Lal. This finding of the learned Subordinate Judge has been accepted by both the parties in this Court. Between the 5 of July and 15 of September 1924, the firm of Mithu Lal purchased 887 bags of wheat on the various dates through the agency of the firm of Gobind Ram Brij Lal. The dispute between the parties is mainly confined to this second transaction. Mithu Lal, plaintiff, in the case is an assignee of the interest of the firm of Mithu Lal Gopal Dass under a deed of assignment dated 1 Fe bruary 1928.The plaintiff's case was that on 19 February 1925, the firm of Mithu Lal Gopal Dass sent telegraphic instruc- tions to the firm of Gobind Ram Brij Lal directing them to sell the 887 bags of wheat. These instructions were not complied with. On the other hand, the firm of Gobind Ram Brij Lal wrongly asserted that the goods had already been sent to Calcutta and sold there under the instructions of the firm of Mithu Lal. The plaintiff sued to1 recover the following items: 1. Rs. 1,800 on account of the first transaetion.

(2.) Rs. 2,100 on account of the second transaction relating to 887 bags of wheat. The plaintiff calculated his profits with reference to the rate at which wheat was sold in Sambhal town on 19 February 1925, the date on which the firm of Mithu Lal had given instructions for the sale of 887 bags to the firm of Gobind Earn by wire,

(3.) Rs. 75 on account of the price of nine bags of arher.