Judgement

Appeal (No. 9 of 1931) from a decree of the High Court (May 28, 1929) varying a decree of the. Subordinate Judge of Purnea (March 12, 1924).

The appellant sued for breach of a contract dated November 9, 1919, by which the second defendant, pur porting to act as manager for the first defendant (represented by the first respondent), sold to him 200 maunds of Java indigo seed at Rs.22 per maund f.o.r. Purnea railway station, delivery to be made in April, 1920. No indigo seed had been delivered under the contract, and on June 1, 1920, it was repudiated by the first defendant upon the ground that the second defendant had no authority to enter into the contract.

Both Courts in India held that there was implied authority to make the contract.

Upon the question of damages, the High Court in remanding the suit to the trial judge directed him that unless there was a market for indigo seed at or near Purnea there was no relevant market price, thus excluding evidence which was tendered as to the market price at Cawnpore. Upon the case again coming before the High Court the learned judges (Das and Kulwant Sahai JJ.) held upon the evidence that there was no market at or near Purnea ; a