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1939 Supreme(Mad) 229

ALFRED HENRY LIONEL LEACH
Ahmad Bux Alla Jovaya – Appellant
Versus
Fazal Karim – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The, question raised in this appeal is whether a cause of action arose in part within the original civil jurisdiction of this Court. The appellants are a firm of hide merchants carrying on business in Hyderabad, Sind. On the 21st April, 1937, the appellants telegraphed to the respondent, who is a merchant carrying on business at Madras and at Madhavaram, offering to sell him 5,000 sheep hides of a certain quality at the price of Rs. 128 per 100 skins, delivery to be given at the railway station in Hyderabad. The respondent by a telegram of the same date made a counter-offer. He informed the appellants that he was prepared to accept the hides at the price of Rs. 125 per 100 skins. This counter-offer was accepted by the appellants by telegram the next day. On the 4th May, 1937, the appellants made an offer to the respondent in respect of another parcel of hides but of a different quality at the price of Rs. 80 per 100 skins. Here again, the respondent made a counter-offer. On 5th May he telegraphed saying that he was prepared to buy at the price of Rs. 75 per 100 skins. This counter-offer was accepted by the appellants by a telegram despatche

















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