JUDGMENT

1. This is an application by the plaintiffs to set aside a decree of dismissal made by the Court below. The plaintiffs agreed to purchase certain properties from the defendant. The latter, however, in breach of this agreement, sold the property to other persons, with the result that the plaintiffs were obliged to bring a suit for specific performance of the contract. That suit was decreed; but the defendant did not execute the conveyance as directed by the decree; consequently, the Court executed the conveyance on behalf of the vendor. The plaintiffs, now seek to recover from the defendant by way of mesne profits, a certain sum of money which he alleges is payable by the defendant under the terms of the conveyance. The Small Cause Court Judge has dismissed the suit on the ground that it cannot properly be described as one for mesne profits--a view in support of which plausible arguments may possibly be advanced. But obviously the ground upon which the suit has been dismissed is essentially of a technical character, because the rights of the parties should be determined upon the allegations made in the plaint which clearly disclose a cause of action. The allegations in the p