KISSENDOYAL JITSARIA Vs. ASKARAN CHOWTHMULL

JUDGEMENT

(1.) This is an appeal from the judgment of Mr. Justice Chaudhuri in which he gave judgment for the plaintiff.

(2.) The action was brought to recover the price of 125 bales of jute, and the defence was that the delivery of the jute was not in accordance with the contract, and that in consequence of the inferior quality of the jute the defendants rejected the jute.

(3.) Now, the contract was made on the 23rd of April 1914 for 125 bales of jute. It was guaranteed to yield after cutting 70 per cent, good sacking warp, and the payment was to be made as follows: reimbursement 90 per cent demand draft against documents and balance cash on delivery. That meant, and as I understand it was agreed to by both learned Counsel who argued this case, that when the buyers received the documents from the Railway Company, the plaintiff was entitled to receive 90 per cent. of the price, and when the goods were actually delivered then the balance namely, the 10 per cent., was to be paid.