HURNANDRAI FULCHAND Vs. PRAGDAS BUDHSEN

JUDGEMENT

(1.) In this case the plaintiffs sued to recover damages for the breach of a contract. The contract was an undertaking by the defendants to Hupply a certain number of bales of Dlioties manufactured by the Bradbury Mills on or before the 31st December of the year 1918. The defendants supplied a certain number but they did not supply the number contracted for. The plaintiffs, therefore, sued for damages for failure of the defendants to supply the full number.

(2.) The trial Court gave them a certain amount of damages on the ground that the defendants had failed to supply a certain number of bales which they ought to have supplied; but it refused a part of the damages claimed on the ground that in the circumstances of the case the contract was not to be interpreted as an absolute undertaking to supply the whole number contracted for.

(3.) On this the plaintiffs have appealed and they claim the full amount of the damages which they claimed in their plaint. They say the contract was an absolute contract to sell them the goods described.