JETHANAND WADHUMAL Vs. TOTARAM HARDWARIMAL

JUDGEMENT

(1.) THIS is an appeal by the defendant against the order of the learned District Judge, Ajmer dated 30th May, 1957 reversing the judgment and decree of the learned Additional Sub-Judge, Ajmer and remanding the case for retrial in a suit for recovery of damages.

(2.) THE plaintiff's case was that on 21st May, 1954 the defendant contracted to purchase 500 x 36 lbs. tins of Prabhat Hydrogenated Ground Nut and Til Oil at the rate of Rs. 3 2/- per tin inclusive of all charges deliverable at the purchasers' godown or at their nominees' godown. THE delivery was to be made on any day in the month of July, 1954. THE defendant paid a sum of Rs. 1000/- as advance which was to be deducted from the invoice amount. THE plaintiff claimed damages from the defendant on the ground that the defendant failed to take delivery of tins although he was always prepared to perform his part of the contract. THE loss suffered by him was calculated at Rs. 2875/- and after deducting a sum of Rs. 1000/- which had been paid to him as advance he filed the present suit for recovery of Rs. 1875/ -.