Das, J.

1. These two appeals are by the defendants first party. The suit out of which these two appeals have arisen was a tripartite suit, though the contest was between two parties only. The plaintiffs-respondents, first party here, brought the suit for recovery of Rs. 4565 and odd annas on the following allegations. They alleged that they carried on a joint family business of commission agency and goladari at Naugachia in the District of Bhagalpur. The appellants had a joint family business at Jaunpur under the name and style of Mohan Lal Mata Prasad. The defendants second party, respondents second party before us, had also a business at Naugachia under the name and style of Lalchand Bhagat Ambica Ram, On 11th August 1942, the plaintiffs respondents purchased, on behalf of the appellants, 337 bags of maize weighing 627 maunds and odd at the rate of Rs. 5-9-0 per maund from the respondents second party, and paid the price thereof. The maize in question had been loaded already in wagon at Karhagola railway station, and was booked for Jaunpur in the name and in favour of the firm Lalchand Bhagat Ambica Ram under a particular invoice dated 10th August 1942. The maize did not,