NAJAN AHMED HAJI ALI Vs. SALEMAHOMED PEERMAHOMED

JUDGEMENT

(1.) This is a suit to recover the balance of the price of goods sold and delivered by the plaintiffs to the defendants under several contracts. The defendants counter- claim a larger sum than that claimed by the plaintiffs as damages for failure on the part, of the plaintiffs to deliver the balance of the goods.

(2.) The plaintiffs deal in lime. The defendants are building contractors. The plaintiffs allege that they sold and delivered to the defendants lime under the following contracts, viz :- (1) contract dated April 16, 1916 ( Ex. A ), for the supply of lime for the Navatia Flour Mills at the rate of Rs. 2-13-3 per candy; (2) a verbal contract entered into some months after the date of Ex. A, for the supply of lime for the Planet and Indo-China Mills at Rs. 2-11-6 per candy; (3) contract dated April 6, 1917 (Ex. B), for the supply of lime between 560 and 700 candies as ordered by the defendants from time to time for the Indo-China Mills at the rate of Rs. 3-6-3 per candy; and (4) contract dated April 6, 1917 (Ex. C), for the supply of lime from time to time amounting to about 1500 candies as ordered by the defendants for the Planet Mills, at the rate of Rs. 3-8-3 per candy.

(3.) The contracts, Exs. B and C, superseded the verbal contract referred to above from the date they were entered into.