(1.) THE Plaintiff is the Appellant. The suit out of which this appeal arises was filed by the Plaintiff -vendor against the Defendant -purchaser for Rs. 2,100/ - as damages for alleged breach of contract for sale of rice. The purchaser Defendant had also preferred a cross -claim against the vendor -Plaintiff for Rs. 1000/ - paid to the Plaintiff as earnest money.
(2.) THE Plaintiff 's case is this: On April 1, 1960 the Plaintiff purchased 600 maunds of rice from Messrs. Kella Appalaswamy and Sons at the rate of Rs. 20/1/ - per maund, F.O.R. to be booked at Koraput to Ghitpur of Barsat in West Bengal. Within three days thereafter on April 4, 1960 the Defendant entered into a contract with the Plaintiff for purchase of 600 maunds of boiled rice from the Plaintiff at the rate Rs. 20/9/ - in the presence of two rice mill merchants. On the same date (April 4, 1960) the Defendant gave Rs. 1000/ - to the Plaintiff said to be as earnest money. On October 17, 1960 the Plaintiff sent a wire to the Defendant requiring him to be present at the time of loading the goods in the wagon. On October 18, 1960 the rice was loaded in the wagon; on the same date the Defendant sent a telegram repudiating the contract. On April 24, 1960 the Plaintiff sent a registered letter to the Defendant to honour a Hundi for value of the rice. The Defendant refused to honour the Hnndi. There after the Plaintiff got the rice sold for Rs. 9341/ -. The Plaintiff is said to have suffered a loss of Rs. 2108/ - after deducting the said sum of Rs. 1000/ - paid by the Defendant. The Plaintiff filed this suit for recovery of the amount claimed as damages for alleged breach of contract.
(3.) THE trial Court decreed the suit in favour of the Plaintiff for the amount claimed on the finding that there was breach of contract by the Defendant; that the said sum of Rs. 1000/ - paid as earnest money was liable to be forfeited for breach of contract by the Defendant. In appeal, the learned lower appellate Court reversed the decision of the trial Court and dismissed the Plaintiff 's suit and passed a decree for the Defendant 's counter -claim of Rs. 1000/ -. Hence this second appeal by the Plaintiff.