1925 (12) TMI 2

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....K.C., J.M. Parikh, Adv JUDGMENT Lord Shaw. - The main appeal has reference to a contract of sale of the Markham Grant Estate belonging to the defendant Jyotish Sarup. The contract was entered into with the plaintiff-appellant. The High Court, reversing the judgment of the Subordinate Judge, held that there was a complete contract of sale. In the opinion of the Board the High Court, in this part....

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....uot;towards the sale price of the Markham Grant Estate out of the consideration of ₹ 4,76,000." It is contended that this formed a supersession of the former contract. The Board agree with the opinion of the High Court that this is not so. It was merely a financial modification in the interests of the purchaser, who appeared to be unable or unwilling fully to meet the terms of the cont....

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....45,000, the balance of his payment to account. The appeal is brought with the object of his also obtaining repayment of the earnest money. In the opinion of the Board, as men tioned, the original contract of sale was not superseded. It was carried forward with the modifications alluded to, and in particular there is nothing to suggest that the owner of the estate agreed to sacrifice the stipulate....