CHANDI PRASAD AND CO Vs. BISHAN PADO HALDAR

JUDGEMENT

(1.) A suit was brought by the plaintiffs, a firm of chemists in Moradabad against the defendants, also a firm of chemists carrying on business in Benares. The amount in dispute was Rs. 61-10-0, and this sum was claimed by the plaintiffs on account of an alleged breach of contract. The defence to the suit was that there was no contract between the parties. The lower court found in favour of the plaintiffs and decreed the claim. There were several other points, debated in the court below,. but here I am concerned only with the question whether or not there was a binding contract between the parties.

(2.) The facts may be briefly stated as follows: On the 7th of February, 1918, the plaintiffs wrote to the defendants inquiring the price at which they could supply cocaine. The defendants replied on the 13th of February, 1911, informing the plaintiffs that the rate for cocaine was Rs. 20 per ounce " without engagement." The meaning of this latter expression is that as the market rate of cocaine was varying from day to day the defendants were unable to quote any definite rate for the article.

(3.) On the 14th of February, the plaintiffs sent to the defendants a money order for Rs. 17-8-0. On the coupon attached to the money order the plaintiffs wrote and asked that the defendant should set aside for them a certain amount of cocaine, the price of which was represented by Rs. 17-8-0. It is admitted that this price was calculated on the quotation of Rs. 20 per ounce which had been given by the defendants. It is proved that the money sent by this money order was received by the defendants, on the 16th of February, 1918, an acknowledgment of the receipt reached the plaintiffs in due course. It was stated at the time the order was given that the plaintiffs were applying to the Collector of Moradabad for a permit to import the cocaine and the defendants were asked to delay the sending of the parcel until the permit had been obtained.