K APPA RAO Vs. GOPAL DOSS

JUDGEMENT

(1.) The question in this appeal is whether the second defendant was authorised to sell a house owned by the first defendant. The plaintiff, who is the appellant, sued on the original side of this Court for damages for the breach of a contract to sell to him a house. He says that the first defendant gave full authority to the second defendant to sell the house on his behalf and that the second defendant entered into a contract with him within the scope of this authority. The first defendant refused to honour the contract, and sold the property to a third party for the sum of Rs. 32,000. The suit was for recovery of damages in the sum of Rs. 5,000 being the difference between the price at which the plaintiff agreed to buy the property and its true value, as shown by the sale to the third party. The plaintiff asked for a decree against both the defendants for a sum of Rs. 5,114. It is now admitted that the figure should only be Rs. 5,000. The learned trial Judge (Chandrasekhara Aiyar, J.) dismissed the suit against both the defendants on the ground that the second defendant had not authority to contract with the plaintiff. We find ourselves unable to share the opinion of the learned Judge.

(2.) On the 22nd October, 1941, the first defendant wrote this letter to the second defendant: I hereby agree to give you brokerage of two per cent, that is Rs. 540 for negotiating and completing the sale of my bungalow No. 3, Vasu Street, Poonamallee High Road, Kilpauk, Madras, the same to be paid only on completing the transaction and as soon as the sale deed is registered provided the offer is for Rs. 27,000 nett, that is, all expenses to be borne by the purchaser. Time for this is up to 6 November, 1941, after which date this letter will be null and void.

(3.) There is here clear authority given to the second defendant to negotiate and complete the sale of the property on behalf of the first defendant provided that (1) the contract of sale was entered into by the 6 November, 1941 (2) that the purchaser bore all the expenses of the sale, and (3) that the vendor received Rs. 27,000 without any deduction.