ALLAHABAD HIGH COURT
, J
Firm Rupram Kailash Nath v. Co-operative Union Mallawah
| Table of Content |
|---|
| 1. plaintiff's claim for recovery based on agent's authorization. (Para 1 , 2) |
| 2. arguments pertain to the agency and duties of the second defendant. (Para 3 , 4 , 5 , 6) |
| 3. court discusses the authority and implications under the indian contract act. (Para 7 , 8 , 9) |
| 4. final ruling restores the trial court decree against both defendants. (Para 10) |
1. This is a plaintiff's appeal arising out of a suit for recovery of Rupees 2.034-6-9 from the first defendant through the second defendant.
2. The plaintiff firm was carrying on commission agency business in cloth at Kanpur. The first defendant, the co - operative Union, Mallawah, district Hardoi (hereinafter called the society) had appointed the second defendant Sri Ram Chandra Pandey as their sales agent. It was stated in the written statement filed by the first defendant that the second defendant was employed in the Co - operative Union Mallawah as a salesman "on salary or commission". The second defendant purchased cloth worth Rupees 1857 15-3 from the plaintiff on credit for the first defendant and further borrowed Rupees 50 from the plaintiff for defraying the octroj duty and transport charges. Admittedly cloth was pu
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