The Calcutta Weekly Notes. Monday May 30 1904

but by the mistake of a clerk of the Plaintiffs it was sent to the Defendants instead to the account of the importer. [...] Hence the care with which the Courts have considered whether the sum has in fact been effectually passed out of the hands of the agent into those of the principal no entry by the agent in his books sufficing until the assent of the pricipal has completed the transaction. [...] In the present case as between the Defendant Company and the said importer the former were the persons primarily entitled to receive the purchaqe-money of the goods in respect of which they had released the hills of lading. [...] The Respondents could not be expected to go further than the sale-proclamation and the thak survey and they can with reason plead that they wore induced to make the purchase upon the intentional representations of the predecessors in interest of the Appellants. [...] The appeals on the above grounds must therefore be all dismissed with costs " The Defendants then preferred these appeals against the decree of the District Judge and on their behalf it was contended that the District Judge was wrong in finding in favour of the Plaintiffs on the ground of estoppel for the following reasons :- First that the -plea of estoppel was not taken by the Plaintiffs in th