DINA NATH LAW Vs. METHARAM NAVALRAI AND CO

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for damages for breath of contract. On the 30th July 1917 the plaintiff agreed to purchase and the defendant firm agreed to sell 15 tons aluminium ingots at Rs. 200 per owt. On the 6th August 1919 Anderson and Macrae, who purported to act as brokers, passed a Bought Note in the following terms : We have this day bought by your order and for your account from Metharam Naval rai, 117 Corporation Street, the following: 15 tons (fifteen) Aluminium ingots, 93 per cent purity, at rupees two hundred only exgodown. The Aluminium may be tested by the buyer prior to delivery within a week from date. Delivery to be taken within 45 days from date of contract from seller s godown. After the expiry of the above period, the goods will remain at buyer s risk and account, and a rental of rupees ten only per day will be charged. Twenty-four hours notice to be given before delivery is taken.

(2.) Tarms and conditions of this contract, Cash on delivery which is to be given and taken as follows: Delivery--From seller s godown within 45 days from date of contract (viz. 30th July 1917).

(3.) Payment in full within 30 days from date of contract (viz. 30th July 1917).