MEGHRAJ KANYALAL Vs. DURGA SAHAI BALDEODAS

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the judgment of my learned brother Mr. Justice Buckland which was delivered on the 24 of April 1925.

(2.) The suit was brought to recover Rs. 6,520 which was made up of Rs. 4,496 the principal sum claimed with interest amounting to Rs. 2,023.

(3.) The plaintiffs alleged that a contract had been made between him and the defendant firm on the 1 of April 1920, whereby the plaintiff agreed to sell to the defendant firm five cases of Hazel Poplins of a certain quality to be shipped in July, August a September, 1920 at Re. 1- 4-0 per yard on the terms and conditions which are set out at the end of the contract. The plaintiffs further alleged that the defendants raised certain objections as to the quality, finish, and shades but that upon a reference to the Tribunal of Arbitration it was ordered that the goods which had been offered to the defendants were a fair tender and it was further ordered that the defendants should take delivery in terms of the contract. The defendants, however, failed to take delivery and it is alleged that time was extended till the 31 of May 1922 but that even then the defendants failed to take delivery and the plaintiffs resold the goods and the sum claimed was claimed as the difference on the resale or as damages.