NAHATA TRADERS Vs. GRISH COMPANY

JUDGEMENT

(1.) THE only substantial question raised in this second appeal is about the date of breach of contract being fixed so that the damages could be ascertained as on the date of the breach as referred to in Ground no. 7.

(2.) THERE is in fact no much debate about the facts, inasmuch as, the plaintiff and the defendant entered into 'a contract under which the defendant was to supply certain processed bales consisting of ginned cotton which is described as Hessian. The agreement was for the supply of 15 bales at the rate of Rs. 2. 450/-per bale. This contract was entered into on telephone and further ratified by the communications on phone as well as by letters. The communications between the parties did establish a fact that the defendant had agreed at the said rate to supply to the plaintiff the said goods at the stipulated price. Offer to supply the goods was accepted and the price quoted by the defendant was accepted by the plaintiff

(3.) THIS was sometime in the month of october, 1979. After that followed a period till the month of January. , 1980. The communications on the record which have been duly accepted only indicate one story "i. e. having crossed the stage of agreement regarding supply on the side -of the defendant and regarding the price to be paid on the side of the plaintiff, there was no actual delivery and supply. This state of affairs continued upto the month of january, 1980. In the meantime, after the month of October, the. prices of the goods, agreed to be supplied by the defendant increased. The plaintiff went on pressing for the delivery of the goods and the defendant went on informing the plaintiff that on account of the very supply from the manufacturer at Calcutta could not be had, the defendant from nagpur could not supply the goods to the plaintiff at Akola on FOR when on the delivery of the goods the plaintiff was under obligation to pay the prices of those goods.