FERNANDO v. FERNANDO.

Contract of marriage between bridegroom and father of bride - Breach by bridegroom-Action by father and daughter-Damages-Penalty.

It is competent to a daughter, on whose behalf her father had entered into a contract with defendant that the defendant should marry her, to adopt the contract made for her benefit, and conjointly with her father sue the defendant for a breach of it.

A Court may award as damages the amount of the penalty stipulated between the parties, if it is not too excessive or disproportionate to the circumstances of the case.

IT was alleged in the plaint that the defendant by ins deed dated 10th August, 1896. entered into a contract with the first plaintiff that he would marry the first plaintiff's daughter,

the second plaintiff, within three months of the date thereof, according to the rites of the Roman Catholic religion, and that in the event of either party failing to fulfil the contract a sum of Rs. 2,000 should be paid as " estimated damages;" that the second plaintiff was always ready and willing to marry the defendant, but that defendant committed a breach of the contrac