(1.) Defendants 2 to 4 are the appellants in this ease. The first contention of Mr. Krishnaswami Iyer for the appellants is that his clients are not liable for damages for breach of contract by defendant 1. The Subordinate Judge has not made the appellants liable for breach of contract by the defendant, but he has made them liable for the value of the number of cart-loads of firewood removed by them.
(2.) The facts are: Defendant 1 sold the trees standing on a piece of land to the plaintiff. Before the plaintiff could cut and remove the trees he seems to have interfered with his possession and defendants 2 to 4 joined defendant 1 and cut and carried away the trees. The allegation that they purchased the trees from defendant 1 without the know ledge of the sale to the plaintiff was found against. The simple question therefore is whether defendants 2 to 4 were justified in carrying away timber trees, the property in which had already passed to the plaintiff. They, having cut and carried away the trees belonging to the plaintiff, are liable to the extent of the loss caused by them.
(3.) It is next urged by M. Krishnaswami Iyer that his client carried away only 50 cart-loads of wood and therefore they should not be made liable for anything more. The finding of both the courts is that 300 cart-loads were removed by defendants 2 to 4 as well as by defendant 1. They acted in concert and therefore they are liable to the amount of firewood which was actually removed by them and by the defendant 1. It is suggested by Mr. Krishnaswami Iyer that there is nothing to support the finding, but Mr. Rajah Aiyar has drawn my attention to the evidence of P.W. 1 to the effect that the defendant removed S00 cart-loads. The quantity of wood removed being found by both the Courts and there being evidence in support of the finding, it cannot be interfered with in second appeal.