King, J.

1. The appellant here is the endorsee of a document, Ex. A, and at the same time the assignee of all rights under the original cause of action under that document. It is common ground that the appellants assignor and the respondent had dealings in mica in 1930. The respondent purchased mica From the appellants predecessor and was in the habit of selling this mica in England and sending cheques to the appellants predecessor to pay for it. Of one of these cheques he stopped payment. Subsequently in 1933 Ex. A was executed in which the respondent undertook to pay to the appellants predecessor after two years the sum of Rs. 12,600 with a certain interest "after deductions as would be agreed upon." It was the claim based upon this document with its original cause of action that was assigned to the appellant in 1938. The learned District Judge has dismissed the suit and the appellant now appeals. Two main difficulties stand in the way of the appellant and are the reasons why the suit was dismissed. The first is that no suit will lie on the terms of Ex. A itself because they embody an agreement which in the words of Section 29, Contract Act, is one, the meaning of which is