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trustee who leased the trust property for 30 A v Kharef W B Pendharkar and years with a covenant for renewal for another M N Jog--for Respondent like term) enters into it knowing exactly what Judgment --This appeal arises out of the title of his vendor is, and that the carrying a suit for recovering damages arising out out of the contract eventually is subject to a pos sible difficulty, how can he turn round and say: of breach of a contract of sale entered `although, I entered into that contract with you into on 21st September 1928 by the de knowing of that difficulty, still I hold you liable- fendant Sakharam in favour of the for damages' " plaintiff Jairam The suit was dismissed The rule stated in Bain v Fother in the Court of first instance, but was gill (2) was only an affirmation of the decreed in appeal The defendant has principle enunciated in Flureau v therefore preferred this appeal Thornhill (4) That rule is regarded in The contract of sale was made with 1     1

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text		Citation Index †
Chhogalal v Secretary of State	[1933] AllINRprNag 39	All India Reporter - Nagpur	India	18 Mar 1933	AsianLII