Viscount Finlay :-

This action was brought in the Chief Court of Lower Burma by Maung Ba Dun and his wife, Ma Thet, against the Moola Rice Mill Company to recover a balance said to be due in respect of the supply of paddy by the plaintiffs to the Company under an agreement between them.

The plaintiffs reside at Kyauktan and the Company carry on business at Rangoon. The case for the plaintiffs is that it was in May, 1911, arranged between them and the Company that they should supply to the Company in Rangoon paddy to be purchased by them as instructed by the Company, and that the Company should pay for the paddy at the current market rate prevailing in Rangoon at the date of delivery plus a commission of 2 per cent.; but this last term as to commission was in contest between the parties, and is the subject of the first question on this appeal. The Company were to make advances to the plaintiffs to put them in funds to pay for the paddy as purchased.

Paddy was purchased and supplied to the Company under the agreement made in May. Disputes arose as to the amount due, and it was alleged by the plaintiffs that a settlement was arrived at early in July 1911, one of the terms of which was th