S.B.Sinha, J. - (1.) This is an appeal from a judgment & decree of Chatterjee, J. See A I R (39) 1952 Cal 335-Ed. whereby he dismissed the plff's suit for damages for breach of a contract.
(2.) One Hazarimull Agarwalla, as Karta of a joint Hindu family, carried on a business under the name & style of Shri Jagdish Rice & Oil Mills, at Forbesganje in Purneah, Bihar. He died during the pendency of the suit & is now represented by his son, Ramkumar Agarwalla. The deft, is a limited company having its registered office in Calcutta.
(3.) The plaint alleged that there was a contract between the plff. & the deft, company for sale of rice. The contract was entered into between the plff. & the company by 2 letters & a telegram dated respectively July 12, July 15, and July 17, 1943. The terms of the contract were that the company would pay Rs. 28/- per maund of rice, delivery Ex-Mill & would also pay Rs. 62/- for 100 new Gunny Bags & annas two per maund for cartage & loading. It was further alleged that the deft, postponed taking delivery from time to time & that on 20-9-1943, the plff. called upon the company to take delivery within 15 days. No delivery was taken. The plff. claimed Rs. 32,500/- as damages for breach of contract on the basis of difference between the contract price & the market price ruling on 5-10-1943.;