- (1.)This is an appeal from a judgment and decree of the High Court of Judicature at Allahabad dated December 22, 1933, which varied but in the main confirmed a judgment and decree of the Subordinate Judge of Agra dated July 3, 1929. The suit was brought by Mohammad Habibullah, who died after the judgment of the trial Court was given and during the pendency of the appeal to the High Court. The respondents to this appeal were brought on the record as his heirs and personal representatives. The defendant in the suit was described as " The Gaekwar Baroda State Railway through the Manager and Engineer-in-Chief" of the said railway.
(2.)The plaintiff was a timber merchant, and in April, 1923, he entered into four contracts for the supply of sleepers for the said railway in Baroda which are the subject-matters of this appeal. A fifth contract for the supply of shisham wood was also comprised in the suit.
(3.)The contracts were made in Baroda between the plaintiff and a Mr. Martin who signed the contracts as " Manager and Engineer-in-Chief, Baroda State Railway". No sleepers were delivered in respect of two contracts. The other two contracts were partly performed by the delivery of sleepers. It was alleged on behalf of the defendant that the sleepers which were delivered were not in accordance with the contracts and for this and other reasons which need not now be specified all the contracts were cancelled by a letter dated May 3, 1924, from Mr. A.T. Houldcroft who was then the manager and engineer-in-chief of the railway, which was said to have been received by the plaintiff on May 7, 1924. The plaintiff filed his suit on May 7, 1927, in the Court of the Subordinate Judge of Agra, claiming Rs. 38,185-12-0 for the balance of the price of the sleepers supplied plus retrenchment money, and Rs. 1,16,720-14-0 damages for failure to take delivery of the remainder of the sleepers and wood.
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