- (1.) THIS is a plaintiff's-second appeal.
(2.) THE plaintiffs are commission agents. The defendants had placed an order with the plaintiffs for the supply of Arhar itfter purchasing it from the open market at the prevailing market rate. The plaintiffs were to get a fixed commission. The plain tiffs purchased Arhar, a part of which wast sent to the defendants by Rail and was ac cepted but the remaining stock was refused by the defendants. The plaintiffs re-sold that and claimed from the defendants a sum of Rs. 1649.77 P. on account of loss suffered" on re-sale of Arhar. The suit was resisted on a num ber of grounds, one of the grounds being that the plaintiffs had purchased Arhar at a rate higher than the rate at which they were authorised to purchase. The trial Court dis missed the suit. On appeal the lower ap pellate Court has decided the appeal only on one point, namely, that before the re sale, the plaintiffs ought to have given a notice to the defendants and for that pur pose has relied upon Section 211 of the Contract Act.
(3.) NOW if the defendants failed to take the delivery of consignment of Arhar sent to them by Rail, there was no option left with the plaintiffs except to dispose of the goods in the market to avoid further loss. No provision has been brought to my notice which requires a notice to be given of the re-sale of the goods in such a case. From the record of the case it appears that the son of the plaintiff No. 1 went to the defendants and asked them to take delivery. The delivery was refused and the son was told that he could do whatever he liked with the consignment. In such a situation it is not clear as to how a further notice was required to be given to the defendants be fore the goods were sold. Section 211 of the Contract Act, upon which the lower appellate Court has relied does not have any bearing on the question involved. It only says that an agent is bound to conduct the business of his principal according to the directions of the latter, or in the absence of any such direction, according to the customs which prevail in doing business of the same kind. It does not speak of any notice at all.;