1903 (5) TMI 3

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... act in this case, behind which we cannot go in second appeal, the decision of the learned Subordinate Judge cannot be supported so far as it is appealed against. Issues were referred by the Subordinate Judge to the Munsif, and his findings upon those issues show that all the contracts to which this suit relates were entered into by the plaintiff with third parties through the defendants as his age .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the principal for the money so received and cannot set up the illegality of the contract as a justification for withholding payment, which illegality the other contracting party had waived by paying the money. If authority be needed for this proposition, it is to be found in two recent authorities to which we have been referred, namely, the case of De Mattos v. Benjamin (1894) 63 L.J., Q.B., 248 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sed before it is wrong. We find however, that it has not been ascertained whether any money has been actually paid to the defendants in respect of the contracts in question. The learned Subordinate Judge says, that having regard to the nature of the contracts, it was not necessary to enquire if the defendants made any profit out of such contracts. In the account books profits are recorded, but the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X