Lord Macdermott.-

These three consolidated appeals are from a decree, dated 22nd September 1947, of the High Court at Bombay (acting in its appellate jurisdiction) which reversed a decree, dated 7th January 1947, of the same Court (acting in its original civil jurisdiction) whereby a suit (No.1086 of 1942) brought by the above named Jamsetji A.H. Chinoy and Messrs. Chinoy and Co. (respondents in the first and second appeals and appellants in the third) was dismissed.

2. This suit was instituted on 24th August 1942, against the above named Edulji F. E. Dinshaw and Bachubai F. E. Dinshaws (hereinafter referred to as "the Dinshaws" as sole defendants. The plaint alleged that the Dinshaws held between them 1,200 A and 1,200 B shares in an Indian company named F.E. Dinshaw Ltd. and had contracted on 8th July 1942, through their agent Shapoorji Pallonji Mistry (hereinafter called "Shapoorji'.) to sell these shares to the plaintiff Jamsetji A. H. Chinoy at the price of Rs. 3,000 per collective share, i.e., per 1 A and 1 B share. The plaint stated that the second plaintiffs, the firm of Chinoy and Co., claimed no interests in the contract and had been joined for greater caution and to avoid