FIRM BACHHRAJ AMOLAKCHAND Vs. FIRM KHUPCHAND NARSINGDAS

JUDGEMENT

(1.) THIS is a suit for the balance due to the plaintiffs' firm from the defendants' firm for goods purchased by the defendants' firm from the plaintiffs' firm.

(2.) THE plaintiff and the defendant are two firms which have dealing with each other. The transactions to which the suit relates occurred between 29th November 1938 to 4th October 1940. There is no dispute regarding those transactions or about the accounts except as regards one item.

(3.) BOTH the lower Courts hold that there was a completed contract between the parties and that the defendant-firm broke it. The first Court decreed the plaintiff's claim but the lower appellate Court reduced the plaintiff's claim under this head and allowed it only 3 Rs. 6 pies per bale instead of the amount claimed. The difference is because, whereas the plaintiff firm relies on the rates prevailing on 30th June 1940 (the date on which the goods were sold), the lower appellate Court holds that the breach occurred on 6th January 1940 and so the value on that date is the criterion.