Judgement

Appeal (No. 44 of 1943) from a judgment and decree of the High Court (September 3, 1940), which reversed a judgment and decree of the First Class Subordinate Judge of Dhulia (October 31, 1938).

The question to be determined in this appeal was whether there was a concluded contract made between the appellant and the first respondent company for the sale by the latter to the former of one of its pressing and ginning factories at Dhulia. The case for the appellant was that the agreement was finally concluded in Bombay on July 7, 1936, when as the result of a conversation between one Nandurdikar, a broker acting for the appellant, and Sir Shapurji Billimoria, one of the liquidators of the respondent company, and a further conversation between Nandurdikar and the companys solicitor, Manekshaw, the terms of the bargain were all settled and a draft agreement containing those terms was drawn up, which was engrossed on the following morning. Neither the draft agreement nor the engrossment was signed by either party, and after several more meetings between Nandurdikar and Manekshaw, the latter, acting under instructions from Sir Shapurji, declined to proceed further and said that t