N M RAYULU IYER, NAGASAMI IYER AND CO REPRESENTED BY N M NAGASWAMI IYER Vs. THIRUKONDA MKUPPU IYER AND SONS BY ONE OF ITS PARTNERS MKRAMIER

JUDGEMENT

(1.) This appeal arises out of a suit for damages for non-acceptance of goods agreed to be sold to defendants by plaintiffs. The Subordinate Judge dismissed the suit The plaintiffs appeal.

(2.) The plaintiffs and defendants are me chants of Madura dealing in yarn and cloth. On 20th August 1918, Ex. A was executed for the purchase of 50 bales (each of 20 bundles) of "double deer yarn (Palukka)" at Rs. 21 per bundle, the defendants being represented by broker K.M. Nagaswami Iyer. Exhibit I is the corresponding entry in defendants chitta of the same date. Rs. 100 was paid as earnest-money and Rs. 25 was to be paid as advance for each bale. Exhibit B is the letter of plaintiffs dated 24 August 1918 acknowledging the receipt of Rs. 1,250 as advances and promising to intimate the arrival of the bales from Bombay. It shows that the bales contracted for were out of the bales ordered for by the plaintiffs Bombay firm from the dyeing factory at Pedlad.

(3.) The plaintiffs got Pedlad yam from Bombay in September 1918. On the 23 September, by Ex. C, plaintiffs gave intimation to defendants that they had 20 bales ready for delivery out of those contracted for in August. Answer No. 2 to the interrogatories served on the plaintiffs shows that 50 bales arrived in Bombay on 14 August and they arrived in Madras in September, 30 bales on 18 and 20 bales on 22nd September. The defendants waited for sometime and took delivery of 5 of the bales on 5 October and another 5 of the bales on 14 October. The plaintiffs gave notice by Ex. D dated 21 October 1918 that the remaining 30 bales (according to the contract Ex. A) were ready for delivery. The defendants did nothing. By Ex. E, dated 7 January 1919 the plaintiffs gave notice that if the balance of 40 bales were not received, they would be sold at defendants risk. There was no reply from the defendants. The plaintiffs alleging that the goods have been sold on 9 March 1919, and after a further notice dated 27 March 1919 (Ex. F) filed the present suit on August 6th.