LALLJEE MAHOMED Vs. DADABHAI JIVANJI GUZDAR

JUDGEMENT

(1.) In this case the plaintiff, as assignee, claims Rs. 2,000, which is alleged to have been due by way of commission to Moses Judah who has died since the suit was instituted.

(2.) The defendant being the owner of certain oil mills was anxious to sell them. They were mortgaged to a Bank for Rs. 35,000, and at the end of May or the beginning of June 1911, the mills were advertised for sale in the Exchange Gazette. On the 13th June 1911, the defendant gave Moses Judah a letter in the following terms and signed by the defendant, I agree to allow you to sell my above oil mill at Rs. 40,000 only. You will get brokerage 5 per cent, on the same when the mill will be sold through you. This condition to be in force till a fortnight (15 days) from date." Then there were certain words which, it was agreed between the parties, were added at the time that letter was written, in Guzrati, and the correct translation was in these terms, On the sale-proceeds being received in hand, brokerage will be paid."

(3.) The first question is as to the meaning of the letter. To my mind, the meaning is pretty plain. In order to earn his brokerage Moses Judah was to introduce a purchaser who Would be willing to give Rs. 40,000, He had the opportunity of introducing such a purchaser and thus qualifying for his brokerage, for 15 days only. I do not think that the. letter means that the sale had to be completed within 15 days, but it was essential for Moses Judah, if he was to earn his commission, that he was to introduce within 15 days a person who would be ready and willing to purchase for Rs. 40,000. In other words, if he did so introduce a purchaser, the mere fact that the purchase was not completed until September would not deprive the broker of his commission.