SHETKARI SAHKARI KARKHANA LTD Vs. SAI SUGARS

JUDGEMENT

(1.) -THIS appeal by the plaintiffs is against the decree made by the learned Civil Judge, Senior Division, Sangli, in Special Civil suit No. 83 of 1974, whereby a decree for a sum of Rs. 39, 641. 05 and interest was made, but the suit for balance of the total claim of Rs. 1,35,474/- was dismissed.

(2.) THE Plaintiffs sued the Defendants for the price of 2010 bags of sugar alleged to have been purchased by the Defendants under five separate notes which represent the contracts between the parties. They are Exhibits 31, 32, 33, 34 and 35. The wife of the Defendant No. 4 is the proprietress of the Defendant No. 1 The Defendant No. 4 represented to the Plaintiffs/ appellants that he holds the power of attorney from the Defendants No 1 to 3 and that it was on their behalf that he intended to purchase 2010 bags of sugar. On this representation, the Plaintiffs sold to the Defendants 2010 bags of sugar under the five notes referred to above. The split up of 2010 bags is as under : defendant No. 1-810 bags. Defendant No. 2-460 bags. Defendant No. 3-740 bags. The purchase in the name of the Defendant No. 1 from whom the defendant No. 4 admittedly holds power of attorney was of 810 bags under exhibits 31 and 32, 1200 bags were purchased in the name Defendants nos. 2 and 3 under Exhibits Nos. 33, 34 and 35.

(3.) THE learned Judge has made these findings :