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Mahomed Bhoy Puddumsee Vs. Chutterput Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtKolkata
Decided On
Judge
Reported in(1893)ILR20Cal854
AppellantMahomed Bhoy Puddumsee
RespondentChutterput Singh and anr.
Cases ReferredMitchel v. Lapage
Excerpt:
contract - sold note--mistake in name of one of the parties to the contract--evidence to show with whom the contract was really made--damages for breach of contract, right of suit for. - pigot, j.1. we think that in this case it is not necessary to call on mr. acworth. the principle to be applied is sufficiently expounded by mr. justice gibbs in the case of mitchel v. lapage 1 holt's rep. 253.2. we think it quite clear that the learned second judge of the small cause court is quite right in the view which he takes, and that our answer to the question put by him must be in the affirmative that there is a contract between the parties, for breach of which the plaintiff can sue for damages.
Judgment:

Pigot, J.

1. We think that in this case it is not necessary to call on Mr. Acworth. The principle to be applied is sufficiently expounded by Mr. Justice GIBBS in the case of Mitchel v. Lapage 1 Holt's Rep. 253.

2. We think it quite clear that the learned Second Judge of the Small Cause Court is quite right in the view which he takes, and that our answer to the question put by him must be in the affirmative that there is a contract between the parties, for breach of which the plaintiff can sue for damages.


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