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Marimuthu Vs. Saminatha Pillai - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad366
AppellantMarimuthu
RespondentSaminatha Pillai
Cases ReferredHirada Karibasappah v. Gadigi Muddappa
Excerpt:
partnership - settlement of accounts--promise to pay balance. - - 1. all we have to say is whether, on the face of the plaint, a good cause of action is disclosed. the allegation of partnership dealings and of the settlement of accounts between the partners followed by a promise on the part of one partner to pay a liquidated sum to the other amounts to a contract supported by good consideration, and the law does not require it to be in writing.1. all we have to say is whether, on the face of the plaint, a good cause of action is disclosed. the allegation of partnership dealings and of the settlement of accounts between the partners followed by a promise on the part of one partner to pay a liquidated sum to the other amounts to a contract supported by good consideration, and the law does not require it to be in writing. the case of amuthu v. muthayya i.l.r. 16 mad. 339 does not appear to be a case of mutual dealings. the case in hirada karibasappah v. gadigi muddappa 6 m.h.c.r. 197 is more in point.2. we must reverse the decree and remand the suit for disposal on the merits. costs will be provided for in the revised decree.
Judgment:

1. All we have to say is whether, on the face of the plaint, a good cause of action is disclosed. The allegation of partnership dealings and of the settlement of accounts between the partners followed by a promise on the part of one partner to pay a liquidated sum to the other amounts to a contract supported by good consideration, and the law does not require it to be in writing. The case of Amuthu v. Muthayya I.L.R. 16 Mad. 339 does not appear to be a case of mutual dealings. The case in Hirada Karibasappah v. Gadigi Muddappa 6 M.H.C.R. 197 is more in point.

2. We must reverse the decree and remand the suit for disposal on the merits. Costs will be provided for in the revised decree.


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