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BOYS, SULAIMAN
Ram Din Hazari Lal – Appellant
Versus
Mansa Ram Murlidhar – Respondent
JUDGMENT
Boys, J. - This is a plaintiff's appeal arising out of a suit for damages for breach of contract and the refund of earnest money.
2. The plaintiffs' case was that they entered into certain contracts with the firm of Mansaram Murlidhar, defendant, for the purchase of sugar; that they paid the sum of Rs. 11,750 of the total earnest money on seven contracts, and that they received only certain small quantities of sugar on some of the contracts by means not apparently of actual physical delivery of the sugar, but of delivery orders; that the firm was now owned by Ramsaran, a minor son of Murlidhar, the last original proprietor who died in 1912, the said minor being represented by his certificated guardian Mt. Janki Kunwar; that the contracts were entered into between 15th March 1919 and 18th June 1919; that some of the contracts were actually signed by Ramcharan, a minor son-in-law of Mt. Janki Kunwar, the certificated guardian, and that some were signed by a munib, Sheolal, and that all the contracts were negotiated by the principal munib, Bhawani Shankar.
3. The defence began by a total denial of everything and the further case as set up may be broadly stated as follows: that t
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