SHRICHAND ANOPCHAND GUJAR VAHIWATDAR Vs. PEBOYCE AND SONS

JUDGEMENT

(1.) On the 7 August 1917 the plaintiff entered into a contract with the 1st defendant to buy 2,000 bags of cotton seeds to be delivered at the defendant's factory within one month, The plaintiff agreed to, pay the full amount in respect of the said bags which appear to have been sold at the rate of 41 lbs, to the rupee, and remove the goods within the said time; and if he failed to remove the same within the same period, he undertook to make good the loss which the defendant might suffer, and treat the contract as cancelled. We confess it is difficult to extract the meaning of the words which caused the dispute in the present suit. "In respect of this contract a total sum of Rs. 1,025 has been deposited for profit or loss, and the said deposit amount should, after the completion of the contract, be returned to us.

(2.) The plaintiff did not take delivery within one month. On the 24 September 1917 he received a notice from the 1 defendant as follows: "You should within eight days after receipt of this notice, come and pay the moneys that may be found due to us under accounts and take away the goods. If you should fail to do so, the said goods will be sold at your risk at the market; rate and as regards damages, you will be held responsible for the balance that may remain after deduction of your advance amount, and you will be required to pay interest on the amount from the date of the expiry of the period of your agreement."

(3.) The period for performance was extended to the 2nd October. That is the date on which the contract was finally broken by the plaintiff. The defendant did not sue for damages but claimed to retain Rs. 1,025.