Bose, J. - (1.) This is a suit for recovery of Rs. 5500/- as damages for breach of a contract to deliver and instal a Soda Water plant and for refund of Rs. 3000/- paid as advance in respect of the price of the said plant and for other incidental reliefs.
(2.) The plaintiff's case is that on or about 11-12-1951, the plaintiff agreed to purchase from the defendant one aerated soda water plant on terms and conditions as set out below: (1) The defendant would supply (a) One reconditioned Niagara Carbonator by Barnett & Foster Ltd., London adapted for hand or power drive having a capacity of 70 dozen bottles per hour complete with pressure reducing value and two 40 lbs. capacity cylinders filled with gas and two electro motors. (b) One Sankey two head back pressure filling machine with one operator. (c) One hand power crowning machine on stand, (d) One double headed Syruping machine with stainless steel syrup vessel. (e) One bottle washing plant consisting of galvanised iron soaking tank electrically driven brushing machine and 12 jet rinsing machine. (2) The price of the complete plant would be . Rs. 5800/- including delivery and installation at premises No. 7 Kyd Street, Calcutta. The price would include replacement of parts for 12 months from the date of installation. (3) Rs. 3000/- would be paid in advance towards the price. (4) Delivery and installation of the plant was to be completed within two weeks from 11-12-1951, (i.e., date of acceptance of the offer).
(3.) The defendant also guaranteed that the plant would be in perfect working order and condition and would produce high class soda water.;