Judgment

BHARGAVA, J.: This appeal by certificate has been filed by Koteswar Vittal Kamath who was defendant in Original Suit No. 12 of 1958 instituted in the Court of the Subordinate Judge, Cochin, by the respondent-plaintiff, K. Rangappa Baliga and Co., for recovery of damages for breach of contracts in respect of goods, purchased by the respondent on behalf of the appellant, of which the appellant refused to take delivery on the due dates. There is no dispute that the respondent was carrying on business as commission agents and was governed by the trade usage known as Pakka Aadat System, and the appellant under the same System was placing orders with the respondent for purchase of goods. In the course of these dealings the appellant placed three orders for purchase of 100 candies of cocoanut oil for one month s vaida and, in accordance with those three orders, the respondent purchased 100 candies of coconut oil on three different dates, 14th February 1952 at the rate of Rs. 455 per candy, 16th February, 1952 at the rate of Rs. 447/8/per candy and 18th Feb. 1952 at the rate of Rs. 432/8/- per candy. The period fixed for delivery under these contracts was one month so that the du