JAGAT NARAYAN
Ram Bhagat Somani – Appellant
Versus
Kanhaiyalal Jainarain Tambi – Respondent
2. Defendant No. 1 is a firm carrying on business of commission agency at Poona and defendant No. 2 is a partner of the firm. The plaintiff is a firm carrying on business at Jaipur.
3. The plaintiff sent 151 bags of gram to the defendant-firm on 2-5-1970 from Jaipur by Rail for sale in its commission agency. It also sent 151 bags of gram-dal on 19-5-1970 from Khairtal (Alwar District) for the same purpose. Instructions were issued by the plaintiff from time to time as to the rate at which the gram and the gram-dal was to be sold. One allegation of the plaintiff is that the defendant-firm sold the gram and the gram-dal against its instructions and below the market rate and thereby caused loss to it. The defendant-firm received 800 kg. gram-dal short from the railway and compromised the claim for Rs. 652-80, when the claim should have been for Rs. 996-00 at Rs. 122-00 per quintal, without consulting the plaintiff. The plaintiff thereby suffered a further loss of Rs. 343-20. The defendant sent three accounts to th
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