ANTONY THOMAS Vs. AYUPPUNNI MANI

JUDGEMENT

(1.) The defendant in O.S. No. 63 of 1122 of the District Court of Trichur is the appellant before us. He had undertaken to deliver to the plaintiff 125 candies of cashew nuts and received Rs. 4.000/- in part payment of the price. The suit was for the refund of the said sum with interest at 6 per cent per annum.

(2.) The plaintiff rejected the goods on the ground that the bad nuts exceeded the stipulated maximum of twenty per cent. The question for consideration is whether the plaintiff was entitled to reject the goods as he did. The answer depends on whether the stipulation regarding the bad nuts was a condition or a warranty. That the bad nuts as a matter of fact exceeded twenty per cent is not in dispute before us.

(3.) S.12 of the Indian Sale of Goods Act, 1930, deals with condition and warranties as follows: