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Mayen and anr. Vs. Alston and ors. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad238
AppellantMayen and anr.
RespondentAlston and ors.
Excerpt:
contract act - act ix of 1872, sections 215, 216--principal and agent--unauthorised profits of agent--evidence act--act i of 1872, section 92--contemporaneous oral agreement--account-sales. - order47. we shall therefore call upon the subordinate judge to submit a finding as to the actual amount of return commission received by respondents from their sub-agents in the matter of appellants' consignments within three weeks from the date of receipt of this order, and seven days after the posting of the finding in this court will be allowed for filing objections.'48. fresh evidence may be adduced by either party.49. in compliance with the above order the subordinate judge submitted his finding as to the amount of the return commission. when the appeal came on for final disposal, this finding was accepted by their lordships and judgment was delivered accordingly.50. wilson and king, attorneys for respondents.
Judgment:
ORDER

47. We shall therefore call upon the Subordinate Judge to submit a finding as to the actual amount of return commission received by respondents from their sub-agents in the matter of appellants' consignments within three weeks from the date of receipt of this order, and seven days after the posting of the finding in this Court will be allowed for filing objections.'

48. Fresh evidence may be adduced by either party.

49. In compliance with the above order the Subordinate Judge submitted his finding as to the amount of the return commission. When the appeal came on for final disposal, this finding was accepted by their Lordships and judgment was delivered accordingly.

50. Wilson and King, Attorneys for Respondents.


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