M PRESTON Vs. J S HUMPHREYS

JUDGEMENT

(1.) This is a suit for recovery of Rs. 5500/- as damages for breach of a contract to deliver and instal a Soda Water plant and for refund of Rs. 3000/- paid as advance in respect of the price of the said plant and for other incidental reliefs.

(2.) The plaintiff's case is that on or about 11-12-1951, the plaintiff agreed to purchase from the defendant one aerated soda water plant on terms and conditions as set out below:

(3.) The defendant also guaranteed that the plant would be in perfect working order and condition and would produce high class soda water.