JATINDRA CHANDRA BANERJEE Vs. MURLIDHAR

JUDGEMENT

(1.) The defendant appeals against the judgment of Mr. Justice Buckland delivered on the 11th December 1923 decreeing the suit of the plaintiff for refund of the purchase-money of certain goods.

(2.) The facts are shortly these: On the 13 October 1922 the plaintiff purchased from the defendant ready goods, three cases of Black Italian for Rs. 6,002 5,6 and took open delivery of the goods on the same day from the god-owns of Messrs. Cox & Co. in three boxes of which two had already been opened and two pieces were taken out for samples. It is the plaintiff's case that the pieces were counted at the time of delivery and no question was then raised that there was any deficiency in the goods or that the goods were not up to the sample.

(3.) It appears that the defendant on his turn had purchased the said goods from Cox & Co. and in fact on the same day paid Rs. 5,402-2-0, to Cox & Co. the price for which he had purchased the goods.