Judgement

Appeal (No. 133 of 1936) from a decree of the High Court (February 22, 1933) which, in effect, reversed a decree of the Senior Subordinate Judge at Sialkot (May 31, 1926).

The appellants, a firm of merchants in Sialkot, purchased and sold sugar and gunny bags at Calcutta on ready and forward transactions through the respondents, a firm of commission agents in Calcutta, for the period beginning December 3, 1919. The items in dispute related only to shipments of July, August and September, 1920, and arose out of transactions entered into by the respondents as commission agents for the appellants with the following three firms (1.) Diwan Chand-Amar Chand ; (2.) Chatter Bhuj Dossa ; and (3.) Kalu Ram-Kanhaya Lal. In conducting the transactions the respondents did not disclose the name of the appellants firm to the persons or firms with whom they dealt.

In July, August and September, 1920, the respondents, acting as the appellants agents, entered into certain transactions with the three above mentioned firms for the purchase and sale of sugar, as a result of which the following sums became due and owing —

From Diwan Chand-Amar Chand, Rs. 1275 ; from Chatter Bhuj Dossa, Rs. 867