JUDGEMENT

Appeal (No. 56 of 1940) from a decree of the High Court in its appellate jurisdiction (July 14, 1939) which had reversed a decree of the same court in its original jurisdiction (January 10, 1939).

The following facts are taken from the judgment of the Judicial Committee This appeal raised an important question of commercial law under the Indian Contract Act. It was brought by the appellant, who carried on business from Calcutta as a distributor of cinema films. The respondents were a limited company who imported such films into India. The contract between the parties was expressed

Law. Rep. 70 Ind. App. 35 ( 1942- 1943) Muralidhar C hatterjee V. International Film C ompany Limited 93

in a letter dated May 8, 1936, sent by the respondents to the appellant, under which the appellant was to maintain at his own cost the respondents office in Calcutta, and handle their films in Bengal, Bihar, Orissa, Assam and Burma in conjunction with the respondents head office at Cawnpore. The main stipulation was in the following terms "That we shall deliver you "a brand new positive print of each picture approximately "at the average of one picture a month and we shall pay for "all the ro