Judgement

BACHAWAT, J. : The appellant and the respondent entered into three contracts whereby the appellant agreed to buy and the respondent agreed to sell 352 bales of cloth. Originally the contracts provided for delivery of the goods in May/June, 1948. The parties subsequently agreed that part of the goods would be delivered in June, 1948 and the balance goods would be delivered in July, 1948. The dispute between the parties concerns an item of 176 bales and another item of 461/2 bales. The respondent claimed from the appellant a sum of Rs. 1,72,856 made up, of (1) Rs. 84,006-2-0 for loss in respect of 176 bales resold by the respondent with the consent of the appellant, and (2) Rupees 88,849-14-0 for the balance of the price of 461/2 bales bargained and sold but not taken delivery of by the appellant. On February 6, 1950, the respondent instituted against the appellant Civil Suit No. 10-A of 1950 in the Court of the District Judge Indore, claiming the aforesaid sum of Rs. 1,72,856, interest thereon from July 1, 1948 up to January 30, 1950, godown rent, interest from the date of the institution of the suit and costs. On or about May 15, 1950, the disputes in the suit were referre