Judgement

Appeal (No. 75 of 1932) from a decree of the High Court in its appellate jurisdiction (September 28, 1931) reversing a decree of the Court in its original jurisdiction (April 1, 1931).

The respondent instituted a suit in the High Court against R. Tilden Smith, since deceased and represented by the appellants, claiming Rs. 47,022-1-2, the equivalent of £3508-5-9, under an agreement contained in a letter dated January 7, 1926. Apart from other defences which had been abandoned, the defence was that the plaintiff could not recover as he had not, in accordance with the contract, paid certain costs and written certain letters.

The facts of the case appear from the judgment of the Judicial Committee.

The trial judge, Kemp J., dismissed the suit. The learned judge held that performance by the plaintiff of the undertakings in question were conditions precedent to his right to recover, and that a repudiation of the contract by the defendants did not relieve him from performing them.

An appeal was heard by Beaumont C. J. and Rangnekar J. and was allowed. The learned judges made a decree in favour of the plaintiff subject to his writing the letters referred to. The grounds of the ju