BAPNA, J. - (1.) THIS is an appeal by the defendant in a suit for damages for breach of contract.
(2.) THE respondent had entered into a contract with the defendant for transport of 3000 maunds of coal from Gura to Ajmer on 21 -6 -1947, the entire operation to be performed within one month. The respondent also advanced Rs. 3250/ -to the defendant -appellant in order to carry out that contract. Previous to this, the plaintiff -respondent had, entered into a contract with Amarchand Darshan Singh of Kotah to purchase 3000 maunds of coal, and the latter had agreed to keep coal ready at his godown at Gura village. This contract was entered into with the sellers on 18 -5 -1947, and there was a clause in the agreement that the goods were to be removed by the 13th of June. There was also a clause that if the purchaser, namely, the plaintiff -respondent in the present case failed to purchase the coal, or the seller failed to give delivery to the purchaser, the defaulting party would pay Rs. 500/ - to the opposite party. The plaintiff alleged that the defendant failed to perform his contract for the transport of coal. He claimed Rs. 5075/ - from the defendant as follows: Rs. 3250/ -Advanced to the defendant,Rs. 425/ -Interest from 21st June, 1947, to 14th October, 1949, at 6% p. a.Rs. 650/ -Damages which the plaintiff had to pay to Amarchand Darshan Singh.Rs. 750/ -Loss of profit which the plaintiff would have earned in case the coal would have been transported to Ajmer.Rs. 5075/ - The defendant -appellant admitted the contract to transport 3000 maunds of coal within one month from village Gura to Ajmer, and having received Rs. 3250/ - on account of advance, towards performance of the contract. His plea in defence was that on the next day the defendant hired 25 carts and took the same to village Gura for the purpose of transport of coal to Ajmer. He was, however, told by Amarchand Darshan Singh that the price of the coal had not been paid to them, and, therefore, they would not permit the defendant to load the coal in the carts. As the breach of contract took place because of the act of the plaintiff himself, it was pleaded that he was not entitled to any sum claimed by him.
(3.) AFTER the case had proceeded and the plaintiff's evidence had been recorded, the defendant failed to produce his evidence, and the learned Civil Judge, Bundi, held that the plaintiff had performed his conditions with Amarchand Darshan Singh, and the coal did not come to be transported because of the defendant's default. He gave a decree to the plaintiff for the entire amount claimed. The defendant has come in appeal.;