Judgment

HEGDE, J. :- These two appeals by special leave arise out of cross-suits in respect of the contract for purchase of manganese ore entered into between the appellants and the respondents on May 7,1953 under the agreement marked as Exh P-81. The appellants are the sellers and the respondents are the buyers. There has been a breach of that contract. The parties are at issue as to who was responsible for the breach. Both the trial Court as well as the High Court have come to the conclusion that the sellers were responsible for the breach of the contract. The buyers suit was for the refund of the money advanced by them with interest. In the sellers suit they claimed a sum of Rs. 1,13,439/ 2/- after adjqmkg the advance of Rs. 4, 41, 000/- as damages against the buyers, for wrongfully refusing to take delivery of the ore supplied under the contract. The sellers suit has been dismissed and the buyers suit has been substantially decreed.

2. On May 7, 1953, the buyers entered into a contract to buy 7500 tons of high grade of manganese ore and the sellers agreed to sell the same. The ore was to be delivered at one or the other of the four points mentioned in the contract. The price