MULCHAND CHANDOLIA Vs. KUNDANMULL

JUDGEMENT

(1.) On the 8th day of Sraban Sudi, Sambat 1975, that is, 15th August 1918, the parties to this suit entered into a contrast for the sale by the plaintiff to the defendant firm of 15 bales of grey shirting s known as Kettlewell and Buallen s grey shirtings at the price of Rs. 29-13-0 per piece: delivery was to be given in 2 months from the date of the sale, that is to say, by the 13th October 1918. The contract contains the following words: "ready goods bought by us from the market have been sold to you.

(2.) The plaintiff s case is that he was ready to give delivery on the due date, but that the defendant failed to take it, and that on the 17th October these goods were re sold on account of and at the risk of the defendant firm. Damages amounting to Rs. 11,806 14 0 are claimed, this sum being the difference between the contract price and the value of the goods realised on the sale, and alternatively Rs. 13,103 4 0, upon the usual basis, the plaint having been amended to include the latter claim.

(3.) The defendant firm s case is that on the due date the plaintiff was not in a position to deliver "ready goods", the meaning of which term has, therefore, to be considered. They also say that there is a custom in the market under which the buyer is entitled in every case to 46 days from the date of delivery within which to pay but that the plaintiff insisted on cash on delivery.