SRIRAM AGARWALLA Vs. SAGARMAL MODI

JUDGEMENT

(1.) THIS second appeal arises out of a suit for damages for breach of contract. The admitted facts are that the defendants agreed to supply 4,000 maunds of sabai grass F. O. R. Pendra Road at Rs. 2-1-0 per maund, and received Rs. 1000/- as deposit. One of the stipulations, among others, embodied in the contract was that the defendants should go on supplying sabai grass, and receiving the price from time to time, while the plaintiff, in his turn, was to supply wagons according to the defendants' requirements every month. In the event of the plaintiff's failure to supply the wagons, he was bound to take charge of the goods lying in the godown of the defendants on payment of the entire price due on the same. The contract was agreed to be performed by 30-6 1945.

(2.) THE facts, found by both the Courts below are these. The defendants intimated to the plaintiff, by a letter, Ex. B-1 dated 19-1-45 that ten wagons were required for delivery of the sabai grass that had already been collected by them. The plaintiff however put off the supply of wagons, for taking delivery, till 20-2-1945. After some correspondence with the plaintiff, the defendants finally sent Ex. B-7 on 20-2-45 intimating to the plaintiff that they were going to sell the goods to other persons and make the plaintiff responsible for the loss incurred in the transaction.

(3.) THE present suit was filed on 12-5-45 alleging breach by the defendants and claiming recovery of damages amounting to Rs. 847-8-0. The plaintiff also claimed recovery of the sum of Rs. 1000/- deposited by him with the defendants.