Judgment

P. B. GAJENDRAGADKAR, J. : This is an appeal by the plaintiffs against the decree passed by the High Court of Bombay dismissing their suit to recover from the defendant Rs. 1,52,334-8-9 as damages for breach of contract for non-delivery of certain cotton goods. The plaintiffs claim had been decreed by the trial court but on appeal it has been dismissed.

2. The appellants are the partners of M/s. K. B. Navinchandra and Co. This partnership had placed an order with the respondent for 251 bales of printed chints on or about July 4, 1942, and the said order had been accepted by the respondent by its letter dated July 11 and July 20, 1942. The delivery period for the said goods was fixed for the months of September and October 1942. Another order was placed by the appellants with the respondent for 31 bales of printed chints on July 24, 1942, and this order was accepted by the respondent on July 25, 1942. The delivery of these goods was to be given in the month of October 1942.

3. On August 9, 1942, the workers in the respondent mills went on strike in sympathy with the Quit-India movement which had then commenced . In consequence, the respondent wrote to the appellants firm on