Viscount Dunedin. -

This is an action by a lady for breach of promise of marriage against the defendant. The case was tried by the District Judge of the Civil and Military Station, Bangalore, He formulated the following issue : " Was there a valid contract of marriage ?" Their Lordships think , perhaps the ex pression there used ought rather to have been whether there was a definite pro mise of marriage, because the expression contract of marriage " is usually used in another sense, but it is quite plain what he actually meant. He found that issue in favour of the plaintiff. He then went on with another issue : "If there was such a valid contract, did the defendant or the plaintiff break it either expressly or impliedly ?" He found that issue also in favour of the plaintiff. When the case went to appeal the learned Resident in Mysore found that the engagement did subsist up to the time of the defendant's marriage with another lady, and, therefore a breaking of the contract was necessarily inferred.

The point was taken by the plaintiff, the respondent in the main appeal, that these two findings, being concurrent 'find ings of fact, cannot be interfered with, and, to a certain extent