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HENRY RICHARDS, P. C. BANERJI
Bisheshar Dayal – Appellant
Versus
Jawala Prasad – Respondent
JUDGMENT
1. This appeal arises out of a suit in which the plaintiffs claimed money from the defendants as payable to them in connection with the sale of the contents of a grain-pit. The plaintiffs in their plaint alleged that they were commission agents and were employed by the defendants to purchase the grain-pit, that they did purchase it on behalf of the defendants but that subsequently the defendants being unwilling or unable to pay the balance of the purchase-money or to give security, the grain-pit was re-sold at a loss, and their claim is made up of their commission and the difference between the price at which the pit was purchased and re-sold. The defence was that the transaction was a gambling transaction, and further that the pit was re-sold without the authority of the defendants. The Court of first instance granted a decree to the plaintiffs, holding that the transaction was not in the nature of an agreement by way of wager, within Section 30 of the Indian Contract Act. The lower Appellate Court held that the transaction was a gambling transaction and that the money could not be recovered. Hence the present appeal.
2. In our opinion the actual facts have been ascertained
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