GAURI SHANKAR Vs. SUSHIL CHANDAR DAS

JUDGEMENT

(1.) In this case the plaintiff sued for an account of commission due to him as broker for the defendant. The original contract, which was not substantially in dispute, appears by the pleadings to have been made about the year 1901. It was agreed between the plaintiff and the defendant that in respect of goods actually delivered by the defendant to his customers the plaintiff should get six annas, per cent, on cotton goods and twelve annas per cent, on woollen goods, whether the order for the goods was secured by the defendant through the plaintiff or otherwise. In the course of business commission was paid as from the date of the delivery of the goods. This fact is recorded in the judgment of both the lower courts.

(2.) In the year 1905, there was a general settlement up to the 18th of November, 1905. About the month of July, 1905, with the consent of the defendant, the plaintiff introduced a new man named Jiwan Ram or, as, he is sometimes" called, Jiwan Singh, who acted for the plaintiff in looking after the agency of the defendant. The defendant apparently became dissatisfied with the leak of attention given to the business and on the 2nd of March, 1908, gave the plaintiff the following notice : As you do not take any interest to have our goods sold we are compelled to have same done through our brokers. So please note that we will not he able to give the brokerage for those goods which shall be sold by other brokers from this date onward.

(3.) This was a variation of the original contract, and meant that, whereas the plaintiff was formerly the sole broker for the sale of the defendant s goods and entitled to commission on all goods, in future he was not to have brokerage on goods sold by other brokers.