DIPCHAND GOLENCHA Vs. M ABHECHAND AND CO

JUDGEMENT

(1.) In the Court of Small Causes, Calcutta, the plaintiff, who is the petitioner before us, brought a suit against the defendant opposite party claiming Rs. 1974-12-9, being the balance of price of 142 mdst 20srs. of coriander seeds, sold by the former to the latter.

(2.) There is no dispute that the defendant contracted to buy from the plaintiff 300 bags of coriander seeds, each bag weighing 1 md 10 srs; out of that the plaintiff sold and delivered to the defendant 142 mds. 20 srs. of coriander seeds, in 114 bags. There is also no dispute that the price agreed upon was Rs. 29/6/-per maund. For the quantity delivered, the agreed price would come upto Rs. 4173-11-6. Out of the same, the defendant paid to the plaintiff Rs. 2435-0-9, on December 20, 1955, leaving a balance of Rs. 1738-10-9. Adding interest on the unpaid price and sales tax, the plaintiff laid his claim at Rs. 1974-12-9.

(3.) The defence was that the sum of R. 2435-0-9 had been tendered by the defendant to the plaintiff in full and final settlement of all the dues and the plaintiff accepted the same as such and was, there-lore, not entitled to claim more.