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1930 Supreme(All) 192

NIAMATULLAH
Roopji and Sons – Appellant
Versus
Dyer Meaken and Co. , Ltd. – Respondent


JUDGMENT

Niamatullah, J. - This appeal is directed against a decree of the learned Additional District Judge of Meerut in a suit for recovery of Rs. 1,750 on a contract of brokerage.

2. The plaintiffs are a firm of general merchants, auctioneers and commission agents who carry on their business at Meerut through Mr. Roop Ram, their managing partner. The defendants are a registered company with their Head Office at Solon, and owned a bungalow No. 22 known as "the Belvedere" situate on the Ordinance Row, near the Mall in Meerut Cantonments. The plaintiffs, having come to know that the defendants intended to sell the aforesaid house, offered their services to the defendants to find a purchaser. The defendants accepted the offer and agreed to pay the plaintiffs a commission or brokerage at the rate of 5 per cent. Originally the defendants had fixed the price at Rs. 30.000, free of all charges, but the price was raised from Rs. 30,000 to Rs. 35,000 at the suggestion of the plaintiffs. The plaintiffs came to know that the Controller of Military Accounts at Meerut was desirous of purchasing a commodious house for locating his office. On 28th August 1924 the manager of the plaintiffs' firm h

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