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1931 Supreme(Nagpur) 40

JACKSON
DALCHAND – Appellant
Versus
SETH HAZARIMAL – Respondent


Advocates Appeared:
A V Vazalwar, D T Mangalmoorti, M R Bobde, N T Mangalmoorti, Advocates

JUDGMENT

Jackson—The plaintiff, on 12th February 1926, appointed the defendants as his agents for the sale of cloth. The defendants were to account to the plaintiff for the cloth sold at the rates prevailing in Bombay and were entitled to keep for themselves any excess over those rates that they might secure from purchasers. The other terms of the contract are given in the two documents, dated 12th February 1926, Ex. P-2, executed by defendant 1, and Ex. D-1, executed by the plaintiff. The rent of the shop in which the defendants were to carry on their trade in cloth and the salary of one servant were to be paid by the plaintiff, and it was stipulated that, if the stock of cloth fell below Rs. 2,000 in value, the plaintiff would no longer be liable for the rent or the pay of the servant. The plaintiff supplied the defendants with cloth of the value of Rs. 6,008-9-0 on 23rd February 1926. Between that date and 17th October 1926 the defendants sold cloth worth Rs. 989-9-0 at Bombay rates and paid that sum to the plaintiff. On 31st October 1926 the plaintiff served them with a notice (Ex. P-3), terminating the agency and requiring the defendants, within eight days, to return the cloth








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