(1.) This and the connected appeal arise out of a suit for damages, consequent upon a breach of contract relating to the purchase of two grain pits, situate in Mauzas Sambhalka and Bhuniyori respectively. The plaintiffs claimed Rs. 948-12-3 for principal and interest up to the date of suit as also pendente lite and future interest.
(2.) Plaintiffs alleged and the defendants did not dispute that the latter had agreed to purchase the two grain pits at certain rates detailed in the plaint, and that earnest money had been duly paid but that the defendants had failed to pay the balance of the price and take delivery. The balance was payable up to Chait Badi 15 and delivery ought to have been taken up to Chait Sudi 2nd corresponding to 17 March 1923.
(3.) Plaintiffs averred that there was a trade usage in the grain market of Shamli, that where the buyer failed in his obligation as to payment and delivery on due dates, the seller was entitled to resell the grain pits according to the market rate and that in pursuance of this usage the plaintiffs resold the grain pit in Sambhalka. This resulted in a loss to the plaintiffs of Rs. 587-1-3. They claimed this sum together with Rupees 138-5-0 interest up to the date of the suit. This grain pit belonged to the plaintiffs.