RAMSAROOP MAMOHAND Vs. CHAJURAM AND SONS

JUDGEMENT

(1.) This is a claim by a firm of brokers for Rs. 9,715-3-9.

(2.) The case for the plaintiffs is that they entered into various contracts of sale of jute fabrics on behalf of the defendants between December 1934 a March, 1936. The brokerage provided by the contracts is at the rate of one half per cent, on the value of the goods so sold at the sale rates. The plaintiffs state that the brokerage earned in this way amounted to a sum of Rs. 9,088-9. It is also stated that the plaintiffs presented their brokerage bills amounting in all to that sum to the defendants for payment and that the defendants accepted the claim as correct. There is, moreover, a claim for interest.

(3.) It is not now suggested that there has been any express admission of liability on the part of the defendants, and the question is whether or not the plaintiffs earned the brokerage which they are claiming.