The Indian Decisions (Old Series) Being a Verbatim Re-print of the Reports of Cases Decided by the late Supreme Courts and the Sudder Dewanny Adawluts in India. Vol. II. Supreme Court Reports Bengal

That it was and is the custom at the said Public sales to put up and sell the said Opium to the public in lots consisting of five chests ; an that in consideration the plaintiffs at the request of the defendant had bargained to sell to the defendant one lot of five chests of Opium of the 5th sale of 1846 at Co.'s Rs. [...] 1 344 as the average price of the said sale the defendant *then agreed to purchase the said lot from the [2] plaintiffs and to receive the profit thereon from the plaintiffs if the average should exceed the said sum of Co.'s Rs. [...] of the premises and that the plaintiffs had then promised the defendantsto pay bim the said difference in the former event the defendant then promised to pay the plaintiffs the difference in the latter event.. [...] Sand upon the general objection such appears to be the case) they will nevetheless cariey out the obvious principles and policy of the Law—For:as observed by Lord Abinger in Muspratt v. Gregory (b) Such is the nature of the law 'of England and'indeed of the law of all countries that cases not providad for by the contemplation of the legislature must as they arise be determined by the go [...] A direct motive it is laid is given to the contracting parties on the one hand to lower the prices of Government Opium and so to diminish the public revenue on the other hand unduly to enhance prices and so to injure the consumer by raising the fair market value of the commodity.