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1972 Supreme(SC) 50

A.N.GROVER, M.H.BEG
M. N. Gangappa (Dead) By L. Rs. – Appellant
Versus
Atmakur Nagabhushanam Seity And Company – Respondent


Advocates:
A.V.Velayudhan Nair, B.R.AGRAWAL, G.L.SANGHI, P.RAM REDDY

Judgment

GROVER, J.:- This is an appeal by certificate from the judgment and decree of the Mysore High Court.

2. A suit was filed for the recovery of Rs. 22,274.4.0 as damages for breach of contract by the plaintiff (first respondent herein) against M. N. Gangappa now deceased and represented by his legal representatives. The second respondent was also joined as defendant. According to the case of the plaintiff, the defendants had entered into two contracts with him for the supply of groundnut seeds. It was claimed that both the contracts were for a specified quality of groundnut seeds, for specific delivery at a specified price and were not transferable. The first contract (Exhibit P-20) was entered into on 1st November 1950 and the delivery was stipulated to be made by 31st January, 1951. The damages relating to this contract were claimed at the difference between the contract rate and the market rate which was stated to be Rs. 224/- per candy, on the date of breach i.e. 31st January 1951. The second contract (Exhibit P-29) was entered into on 21st November1950. The damages relating to that contract were claimed on the basis of the difference between the contract rate and the marke














































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