GIRDHARI LAL Vs. SPEDDING DINGA SINGH AND CO

JUDGEMENT

(1.) This is a defendant's appeal against the judgment and decree of the learned District Judge of Mandi, dated 28-3-1951, decreeing the suit of the plaintiff- respondent for Rs. 15,335/14/3.

(2.) The suit was as by a buyer against a seller for recovery of excess of sums advanced over value of goods supplied, plus Interest. The suit was based on two contracts of even date, 26-5-1947, under one of which the defendant agreed to supply 100 tons of wheat, and under the other 20 tons of rice, to the plaintiff firm at its godown in Chamba before the expiry of the month of June 1947, the qualities of the commodities arid the rates at which they were to be supplied being specified. The plaintiff's case was that the sums advanced to the defendant totalled Rs. 60,000/- and that the defendant supplied goods worth Rs. 43,478/5/9 and repaid Rs. 3,500/- in cash. The suit was therefore for recovery of the balance Rs. 13,021/10/3, plus Rs. 5,130/10/- interest at the contract rate of Rs. 18/12/per cent per annum, total Rs. 18,152/-.

(3.) The defendant admitted execution of the two contracts but pleaded that he did so as an agent. He admitted receipt of Rs. 60,000/-from the plaintiff but contended that Rs. 50,000/- was received under the aforesaid contracts and Rs. 10,000/- under another, an oral contract for supply of 75 tons of rice. Value of the goods supplied was alleged by him to be Rs. 48,621/9/3. He also admitted repayment of Rs. 3,500/- in cash to the plaintiff. He sought to make the plaintiff liable for two further sums of Rs. 12,000/- each, as follows.