Judgment

DAS GUPTA, J. : The respondent a partnership firm carrying on business as commission agents in the town of Khanna in Punjab brought the suit out of which this appeal has arisen against the appellant firm for recovery of Rs. 17,615/10/- claimed to be due to it on account of the purchases and sales made on behalf of the appellant firm. Between December 1946 and February 3, 1947, 7600 bags of cotton seeds were, according to the plaint purchased by the respondent on behalf of the appellant firm at various rates, out of which 5300 bags are said to have been sold by it on behalf of the appellant firm between the dates of January 2, 1947 and February 3, 1947. Thus on February, 3, 1947 2300 bags of cotton-seeds we left on its hands. In may, 1947 the market for cotton-seeds was falling and so the respondent firm asked the appellant either to remove the goods within 48 hours on payment of the full price or pay something more by way of margin and informed them that otherwise the goods would be sold. As no reply was received these 2300 bags were sold on May 24 - Some at the rate of Rs.11/11/6 per maund and the rest at the rate of Rs. 11/12/per maund. Apart from these transaction in cot