INDIA RED LEAD FACTORIES CO. Vs. PURSOTTAMDAS NARSINGDAS

JUDGEMENT

(1.) THIS is a suit for the recovery of Rs. 29647/9/3 as damages and a sum of Rs. 4401/12/9 as the amount lying with the defendant out of the sum of Rs. 48000/ - paid by the plaintiff to the defendant as and by way of payment in advance towards the price of 60 tons of pig lead.

(2.) THE plaintiff's case is that by a contract entered into in the month of January 1947, the defendant agreed to sell and the plaintiff agreed to buy 120 tons of pig lead of Australian origin at Rs. 39/ 120/ - per cwt. ex defendant's godown. The terms alleged by the plaintiff in paragraph 1 of the plaint are, inter alia, as follows :

(3.) IN paragraph 5 it is alleged as follows : 'The plaintiff at the request of the defendant extended the time for delivery from time to time and accommodated the defendant to deliver the said goods in instalments within a reasonable time.'