Lord Shaw. -

The main appeal has reference to a contract of sale of the Markham Grant Estate belonging to the defendant Jyotish Sarup. The contract was entered into with the plaintiff-appellant. The High Court, reversing the judgment of the Subordinate Judge, held that there was a complete contract of sale. In the opinion of the Board the High Court, in this particular, as in the others aftermentioned, was right.

One of the terms of this contract of sale was as follows :

28th July 1914, from defendant to the plaintiff :

"Willing on old terms namely earnest twenty thousand balance in two moieties, first payable on executing conveyance, last within six months net cash we receive 4 laks 76,000."

On the 2nd August a reply was sent accepting the proposal.

From that point forward, however, the appellant appears to have encountered financial difficulties in carrying out the contract. He set about endeavouring to secure the property on modified and easier terms. He did not pay the earnest money eo nomine, but on the 28th August 1914, he sent two cheques, amounting in cumulo to Rs. 1,65,000, the receipt being granted for these sums "towards the sale price of the Markham Grant Estate out of the c