Judgement

BACHAWAT, J. : -The dispute arises out of a contract between the appellants and the respondent entered into on November 13, 1951. The terms of this contract were recorded in writing in the form of a letter written by the respondent to appellant No. 1 and set out below

"Messrs. P. S. N. S. Ambalavana Chettiar and Company Ltd.

260, Angappa Naicken Street, Madras.

Dear Sirs,

We confirm having purchased from you and the Madras Paper Marketing Company, Madras, 500 tons of Russian Newsprint as per the following description:-

About 70 per cent in reels of 34 inches width.

About 15 per cent in reels of 22 inches width.

About 15 per cent in reels of 36 inches width.

at annas 9 per lb. Ex-Wharf Bombay duty, etc., paid. The buyers are to take delivery within four days of the offer of delivery. Any wharfage, etc., up to the fourth day of the offer of delivery will be on seller s account and thereafter on buyer s account.

We have also sold you about 415 tons of Russian newsprint in sheets in size of about 30"x42 (760mm x1083 mm) ex-godown, Madras at Re. 0-9-6 per lb.

We will keep the stock of sheets in our godown on your account free of rent.

We shall advance you moneys against this newsprint at