GRENON Vs. LACHMI NARAIN AUGURWALA

JUDGEMENT

(1.) THE action which gives rise to this appeal is founded on a contract made through Thomas & Co. as brokers for both parties. It is in the usual form of bought and sold notes, dated 27th October 1890. The sold note addressed to the vendors, who are defendants, is as follows: Now Mart, Calcutta, Dear Sirs, 27th October 1890. We have this day sold by your order and for your account, to our principals, 2,000 (two thousand) maunds of good fresh and clean new Purneah indigo seed to be of the growth of season 1390-91 at Rs. 8-8 (eight rupees eight annas) per maund. The seed to be delivered at any place in Bengal in March and April 1891, and to be paid for by draft at 30 days date from date of delivery. The seed to be packed in good strong bags and each big to contain two maunds only." The place of delivery to be mentioned hereafter. Terms and conditions as above. Brokerage 2 4/2 per cent. We are, Dear Sirs, Your obedient servants, J. Thomas & Co., Brokers. To Babus Muckon Lall, Gobindram.

(2.) THE bought note is in exact correspondence. There has been dispute whether the defendants ever recognized the plaintiff Grenon, who was sole plaintiff in the first instance, as the principal interested in the contract. That matter was decided against the defendants by Mr. Justice Hill, who presided at the trial, and it is not raised in this appeal.

(3.) UPON that the action was brought. The defendants contended that in the course of the correspondence the plaintiff had bound himself to accept their godowns at Sulkea as the place of delivery. After a careful examination of the evidence, Mr. Justice Hill decided that point also against the defendants. They have renewed their contention here, but without persuading the Lordships who do not think it necessary to say anything more than that they entirely concur with Mr. Justice Hill on this point.