AIYASWAMI NADAR Vs. SUBBAIH SETTY AND BROS

JUDGEMENT

(1.) This appeal is against the dismissal of a suit for damages for breach of contract.

(2.) The plaintiff, a merchant at Quilon, Kerala offered 420 tins of coconut oil to the defendants, a trading firm at Kurnool, Andhra Pradesh, at Rs. 23 as. 6 per tin. The defendants accepted the offer by telegram dated February 18, 1952, reading:

(3.) That a contract had been struck properly is not in dispute. The only aspect stressed in that regard is that the defendants were, from the very start, keen on immediate delivery of the goods; but the plaintiff was cool at this end, as he registered for a wagon only a day after he received the advance even though the contract was made - by unequivocal acceptance of the offer - three days before. Nothing much turns on that indifference on the part of the plaintiff.