NEW INDIA TIMBER TRADING COMPANY, DELHI Vs. MURARILAL

JUDGEMENT

(1.) This is an appeal brought by the defendants against a judgment and a decree of a learned Subordinate Judge of Delhi, dated the 28th January, 1950 decreeing the plaintiffs' suit for Rs. 7,736/14/- with proportionate costs.

(2.) The case of the plaintiffs is based on shortfall as a result of the resale of goods contracted to be purchased by the defendants. On the 26th January, 1945 a contract of sale of teak wood was entered into at Gwalior between the plaintiffs and the defendants, the plaintiffs being the sellers and the defendants being the buyers, and the contract is contained in two documents, Exhibits P.1/T at page 48 and D.1 at page 57 of the paper book. As the delivery of goods was not taken a notice was sent by the sellers to the buyers to take delivery. This was on 4th April, 1945 (Exhibit P.2).

(3.) Another notice was sent by telegram on the 20th April, 1945. On the 24th April, 1945 the defendants replied that the goods had not been taken on account of non-availability of wagons. On the 8th May, 1945 the sellers again gave a notice to the buyers to take delivery, otherwise the goods would be resold and the buyers would be liable for the shortfall. This is Exhibit P.11, and a telegram was sent on the 12th May, 1945 by the sellers to the buyers. There was no reply to this telegram and the defendants do not admit that they received the notices, Exhibits P.2, P.5 and P.11. The only notice admitted is the telegraphic notice, Exhibit P.8. The plaintiffs, however, produced the original notices which were sent by registered posts and which were returned on the grounds which appear to us to be wholly frivolous.