FIRM H SHAM SUNDER AND SONS Vs. RAM CHAND SPINNING AND WEAVING MILLS
HIGH COURT OF PUNJAB AND HARYANA
FIRM H. SHAM SUNDER AND SONS
RAM CHAND SPINNING AND WEAVING MILLS
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(1.) THIS is a plaintiffs' appeal against an appellate decree of District Judge S. L. Madhok, dated the 2nd of March, 1949, modifying the decree of the trial Court which had decreed the plaintiff's' suit in full.
(2.) THE plaintiffs are dealers in cloth at Amritsar. The defendants are a manufacturing firm of Hathras in U. P. On the nth of March 1944 a con tract was made between the parties for the sale by the defendants to the plaintiffs of 51 bales of cloth bearing trade-mark 2840 at Rs. 12/7/- Per piece. The delivery was to be made in the months of April and May 1944. The plaintiffs deposited a sum of rs. 2,000/- as advance price and the defendants supplied only 5 bales of doth and did not supply the balance, i. e. 46 bales of cloth. The plaintiffs claimed a sum of rs. 4,500/- made up as follows: (1) (1) Profit on 46 bales of cloth--Rs. 2,860/10/-Less expenses which would have been incurred in taking the goods from. Hathras to amritsar--Rs. 485/ - /-Rs. 2,375/10/ (2) On account of refund of the advance price. Rs. 2,000/ - / (3) Interest on (2) above at 6 per cent per annum. Rs. 150/ - /-Total: Rs. 4,525/10/- (out of which Rs. 25/10/-was given up. ).
(3.) THE defence was that the defendants were not liable because there was no breach of contract and there was control over the movement or goods and as the defendants had not been able to obtain a permit the contract became impossible of performance. Several issues were raised, but the only question now in dispute in this Court is the measure of damages.;
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