Lord Normand-

This is an appeal from a judgment of the Supreme Court of Palestine allowing an appeal from a judgment of the District Court of Jerusalem and inter alia decreeing for payment of £3,100 against the appellants. There is also a cross - appeal by the respondent, the purpose of which is to enable him to claim a larger sum than that awarded by the Supreme Court.

[2] By an agreement dated 22 - 12 - 1934. as modified by subsequent letters of 12 and 24 - 1 - 1935, the appellant Father Couvreur (hereinafter called the appellant) on behalf of the second appellant agreed to sell to a nominee of the respondents certain land at Latrum in two parcels, one of 863 dunams or thereby at a price of £P.13,823 or thereby, and the other of 148 dunams or thereby at a price of £p.2,371 or thereby. A deposit of £2.000 was paid by the respondent, and the appellant agreed to accept the balance as follows: - £p.5,000 on 1 - 6 - 1935, and £p.1,000 monthly thereafter. The respondent was not able to fulfil his undertakings under the agreement and various concessions were made to him by subsequent agreements. Finally on 12 - 1 - 1938, by which time the respondent had paid in all £P.9,500 and had receiv