Sir John Edge :-

The suit in which this appeal has arisen was brought on the original civil jurisdiction side of the High Court at Calcutta on the 27th August, 1918, by His Highness the then Thakur Sahib of Morvi against Burn and Com pany, Limited, to recover damages for the alleged conversion of 42 railway wagons, and for an alleged breach of contract to make and deliver the same wagons. The property in the wagons had never vested in His Highness of Morvi; who had never been, constructively or other wise, in possession of them. The claim for conversion has been dropped. The original plaintiff died and his son, who succeeded him as the Thakur Sahib of Morvi, was on the 19th July, 1922, brought on the record as the plaintiff. The original plaintiff, was, and his succes sor) the present plaintiff, is, the proprietor of the Morvi State Railway.

The contract was made between His Highness the then Thakur Sahib of Morvi through the Manager of the Morvi State Railway, his agent, and Burn and Com pany, Limited, of Howrah and Calcutta, in British India. The contract was for the manufacture of 50 railway wagons by the defendant company at the Company's works at Howrah and their delivery to th