(1.) The Plaintiff Company in this suit seek to recover damages against the Defendant who is an inspector of boilers employed by the Government of Bengal in the office of the Commissioners for the Inspection of Steam-boilers under the circumstances hereinafter mentioned. The facts in the main are not in dispute.
(2.) It appears that the Plaintiffs manager, Mr. Hannaford, in the mon December, 1906, approached the Defendant with a view to acquiring two second hand steam-boilers capable of working at 100 lbs. working pressure.
(3.) The Defendant fell in with the proposal of Mr. Hannaford and undertook to find two boilers as required by Mr. Hannaford. There can be no doubt but that Mr. Hannaford, in his correspondence with the Defendant, made it clear to the Defendant that the boilers required by the Plaintiff Company must be capable of working at a minimum pressure of 100 lbs. to the square inch.