MANGOBINDA DUTTA Vs. JBAISOGOMAFF

JUDGEMENT

(1.) The appellants agreed to purchase certain quantities of steam coal and rubble from the respondent under three several contracts dated the 20 December 1916, 25 December 1916 and 2ad January 1917 respectively. At the time of entering into the two last named contracts the appellants paid to the respondent the respective sums of Rs. 152-8-0 and Rs. 520, the agreement being that those amounts were to remain in deposit with the respondent, they paying cash for the earlier orders to be given under the contracts, and the deposits being eventually credited as payments or part payments against the final order.

(2.) In regard to the last two contracts the respondent sued to recover damages but the suits were dismissed on the finding that in the state of the market he had suffered no damage. The appellants also sued for the recovery of the two sums mentioned above, namely, Rs. 152-8-0 and Rs. 520 and it is with these that we are concerned in the present appeal. The first Court decreed the amount, and the lower Appellate Court has reversed that decree and dismissed the suit.

(3.) Various contentions were put forward by the appellants. Firstly, that it was in consequence of the default of the responent in respect of the deliveries under the first contract that they failed to place orders under the other two contracts. Secondly, that the supply of waggons was stopped by Government, and, thirdly, that the performance of the last two contracts was conditional upon the due performance of the first on the part of the respondent. It is, however; found by the lower Appellate Court that there is not sufficient evidence of the interdependence of the contracts in the way alleged: it is also found that there is not sufficient evidence as regards the stoppage of waggons: that the appellants were dissatisfied with the respondent and did not act and were not willing to act according to the contracts: and, that, in there circumstances, it must be held that the contracts were broken by the appellants.