FIRM GOPAL COMPANY Vs. FIRM HAZARILAL COMPANY

JUDGEMENT

(1.) THIS appeal is by the defendants against the judgment in Civil Suit No. 14 of 1952 of the Court of the Additional District Judge, Bhopal, decided on 31-12-1958, decreeing the claim of the respondent for Rs. 29,300. 00 and costs.

(2.) THE suit was brought by the firm 'messrs. Hazariial', a dissolved partnership firm, through. Hazariial, one of its five partners. The appellant No. 1 'gopal and company, acts as selling agent of the Bhopal Textiles Limited, Bhopal. Appellant no. 2 Shiv Narain was one of the Directors OT Gopal and Co. On 9-5-1948 the plaintiff had contracted to purchase from the Bhopal Textiles 2101 bales of cloth of which 1050 hales were to be lifted in May 1948 and the rest in June 1948. The contract is incorporated in the document Ex. D-1, which gives the details of cloth sold. The plaintiff first took delivery of 623 bales during the period ending May 1948.

(3.) THE plaintiff alleged that the price of cloth fell down and he would have been put to a heavy loss if he had lifted the rest of the bales. Further, he alleged that the contract was entered into as a consequence of some misrepresentation made by the defendants. However, the details of the misrepresentation were not disclosed in the plaint. The plaintiff went on to say that he refused to take delivery of the rest of the goods. After the refusal, the defendants proposed to him to take delivery of 427 bales remaining from the quota of May, whereupon they (defendants) would get the contract cancelled by the Mills for June quota and further offered to purchase 67 bales out of May quota at the contracted price or pay Rs. 25,000. 00 Instead at the option of the plaintiff. The plaintiff agreed to take rs. 25,000. 00 but the defendants did not pay the sum. The suit is for recovery of this amount with interest. In the alternative, the plaintiff also claimed the loss on 63 bales estimated at Rs. 15,333/4/- only with interest.