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1959 Supreme(AP) 142

UMAMAHESWARAM, RANGANADHAM CHETTY
Chandaji Sukhraj and Company – Appellant
Versus
Lal and Co. (Tobacco Trading Company) – Respondent


CHETTY, J.

( 1 ) 1. This dispute is primarily between two firms of traders in tobacco at Guntur. Plaintiff-firm asks for a settlement of accounts of a partnership entered into on 21-4-1951 with the first defendant firm for a period of one year, or in the alternative, for a dissolution of the said partnership and for settlement of accounts. The business of the partnership consisted in purchasing tobacco chura from I. L, T. D. Company. The first defendant, Lal and Co. , whose financing partner is the second defendant and the managing partner, the third defendant, had entered into a contract on 20-4-1951 with the I. L. T. D. Company for the purchase of tobacco chura. The first defendant had a licence from the Government foe dealing in tobacco. The next day, that is, on 21-4-1951 the partnership was entered into. The terms were, inter alia, that the plaintiff firm should finance the joint venture to the extent required except in a sum of Rs. 10,000 which obviously the other partner, namely, the first defendant undertook to contribute and that the profits should be shared by the two partners equally. The plaintiff alleges that it advanced a sum of Rs. 1,000 on the date of the formation

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