DURGA PROSAD SUREKA Vs. BHAJAN LALL LOHEA

JUDGEMENT

(1.) The facts in this case, as found by both Courts, are simple and vary cogent.

(2.) In October 1899 (the matter being brought to a final conclusion on 30 October 1899), the appellant Sareka bought from the respondents the whole of a certain cargo of Russian kerosene oil, which the respondents had themselves bought from merchants named Graham & Co. at 50 pence per case. Seeing that the market was rising, and repenting them of their bargain, the respondents, by fraud, inserted in the bought and sold notes the figures 100,000 cases, as descriptive of the quantity of oil sold, whereas the truth was that the cargo amounted to 125,000. This opportunity of fraud came the respondents way, because the original sellers (Messrs. Graham & Co.) did not fall in with, or at least were said by the respondents not to fall in with, the arrangement first proposed, viz., that the original sale by them should be simply transferred to the appellant Sureka as buyer. Accordingly, the bought and sold notes were signed, the appellant" Sureka only discovering afterwards that instead of recording the contract they falsely stated it.

(3.) In this state of the facts, the right of the purchaser was indisputable, viz., to have the whole cargo, or damages. The trick practised on him in the bought and sold notes had no legal effect on his original right. Nor did that right depend either for constitution or for evidence on the bought and sold notes. In India a contract of sale of goods can be proved by parol; and, the bought and sold notes having in this instance been falsified, the aggrieved purchaser was entitled to disregard them and prove his contract by other and antecedent material. This he has done conclusively, by the evidence of the broker and by the telegrams.