Behari Lall Shaha vs Jagodish Chunder Shaha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1904 Supreme(Cal) 11

SALE
Behari Lall Shaha – Appellant
Versus
Jagodish Chunder Shaha – Respondent

JUDGMENT

Sale, J. - This is a suit brought by the plaintiff to recover certain sums alleged to be due by the defendant to the plaintiff by virtue of an Indemnity contained in a verbal agreement set out in the 2nd paragraph of the plaint. The plaintiff alleges he carried on the business of a vendor of liquor in certain shops in Calcutta, and that in 1894 he was desirous of relinquishing his business in the shop, 148, Bow Bazar Street, and he entered into agreements with the defendant and one Basanto Coomar Shaha whereby the plaintiff was to sell the stook-in-trade of the shop and furniture to the defendant and Basanto Coomar Shaha, and that thereafter the defendant Basanto Coomar Shaha should carry on the business of vendors of liquor on their own account and responsibility. It is stated that the object of the agreement was to enable the defendant and Basanto Coomar Shaha to sell the liquor without obtaining a license, and in order to carry out this purpose, this agreement was entered into and the defendant and Basanto Coomar Shaha undertook not to contract any debt in the name of the plaintiff, and further that they were to keep the plaintiff and his estate and effects indemnified a

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