Kishori Lal vs Jiwan Lal - 1922 Supreme(All) 422

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1922 Supreme(All) 422

PIGGOTT, WALSH
Kishori Lal – Appellant
Versus
Jiwan Lal – Respondent

JUDGMENT

1. In this case, two suit have been brought arising out of some transactions, which may or may not have been speculative in the real sense of the word, for the purchase and sale of grain-pits confining wheat in the town of Hapur. The period fixed for delivery and completion of the purchase-money was the month of March, 1916, the contracts having been for the most part made in the previous October. It appears that there were at least two contracts, one for two grain pits and one for five but, although that might have been material in one aspect of the case, neither party has made anything of the point and the transaction has been treaded as that of one contract only for the sale of seven grain pits, Where it does not otherwise appear in this judgment, the purchaser, Kishorei Lal, is called the plaintiff and Jiwan Lal, the agent, is tailed the defendant. It is admitted on both bands that the contract was not carried out. The purchasers who were plaintiffs in one of the suits paid a sum of Rs. 3,500 in advance as earnest money for the purchase of the pits, whereas, on the other hand, the defendants, before the time allowed by the contrast for the purchaser to take delivery, re

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