Robson V. Aitken, Spence & Co.,

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
and Mr. Justice Middleton.
 
ROBSON v. AITKEN, SPENCE & CO.

D. C. Colombo, 84,144.

    Bought and sold notes-Evidence of a contract-Parol evidence to prove a different agreement-Evidence Ordinance, ss. 91 and 92.

Parol evidence may be given to show that a broker's bought and sold notes do not constitute the record of a concluded agreement, and do not contain the real agreement come to.

APPEAL from a judgment of the District Judge of Colombo (H. A. Loos, Esq.). The facts and arguments are fully set out in the judgments of the Supreme Court.

Bawa (with him Wadsworth), for plaintiff, appellant.

Van Langenberg (with him Hayley), for the defendants, respondents.

Sampayo, K. C. (with him S. Obeyesekere), for the added defendants, respondents.

The following authorities were cited at the argument: Renter v. Sala,1 Tancred v. Steel Co. of Scotland,2 Juggernanth Sen Bux v. Ram Dyal,3 Ralli v. Caramalh Fazel,4 Boustead v. Vanderspar,5 Thomson v. Gardiner,6 Sive Wright v. Archibald,7 Durga Prosad v. Bhajam Lal,8 Halbart v. Lewis.3

Cur. adv. vult.

November 25, 1909. HUTCHINSON

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