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Bombay High Court Reports; Reports of Cases Decided in the High Court of Bombay Volume 1

Bombay High Court Reports; Reports of Cases Decided in the High Court of Bombay Volume 1


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...of business and accounts, of one Hormasji; and the plaintiff A DA' was Hormasji's widow. After Hormasji's death the plaintiff Pamhura'x executed in favour of the defendant an agreement to the Kak. following effect: --' You say that my husband has left his will in your keeping, and that in that will a sum of money is bequeathed to you. I or my heir will pay you Rs. 2,000, in lieu of the legacy mentioned in the will, and upon your fulfilling the following conditions, namely: (1) on your handing over to me the original will; (2) on my receiving in cash the debts due by certain persons, namely, here follow the names, or, if ready money cannot be obtained, on your taking fresh bonds from the debtors to my satisfaction; (3) on your recovering and paying to me in full all debts due by others besides those above named. Independently of the above sum, your pay will be continued to you as long as you remain in my service." The date of this agreement was the 14th of March 1864. On the 1st of February 1865, the plaintiff paid to the defendant Rs. 1,100, and the following indorsement was made upon the agreement: --" Paid to Parbhuram, on 1st February 18G5, Rs. 1,100 on account of this contract." Subsequently the defendant sued the plaintiff for the balance of Rs. 900; but his claim was disallowed on the ground that he had failed to perform his part of the contract, and that the socalled will was no will at all. The plaintiff then brought the present suit to recover the Rs. 1,100 paid by her, alleging failure of consideration, and imputing generally to the defendant fraud and misrepresentation. Upon these facts the Acting Assistant Judge, Mr. M. H. Scott, held that the plaintiff could not recover; and in appeal Mr. F. D. Melvill came to the same...


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Product Details
  • ISBN-13: 9781150673634
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 115067363X
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 476 gr


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