Judgement

Appeal (No. 80 of 1927) from a decree of the High Court (January 5, 1925) reversing a decree of the

Senior Subordinate Judge of Delhi.

The appellants brought a suit against the respondents in May, 1920, claiming damages for breach of

contract in failing to deliver goods under a contract of sale made in 1916.

The facts of the case appear from the judgment of the Judicial Committee. The trial judge made a decree for Rs.47,737 damages.

4 Law Rep. 55 Ind. App. 154 ( 1927- 1928) C hunna Mal-Ram Nath, Firm V. Mool C hand-Ram Bhagat, Firm 15

Both parties appealed to the High Court, the defendants contending that they were under no liability, and the plaintiffs contending that the damages awarded were insufficient.

The defendants appeal was allowed by the High Court, and the suit dismissed. The learned judges (Harrison and Campbell JJ.) were of opinion that the plaintiffs were entitled to put an end to the contract under s. 29 of the Indian Contract Act, 1872, and had done so. They considered also that the suit was not maintainable having regard to s. 63,

1927. Nov. 29. De Gruyther K.C. and Wallach for the appellants.

Sir George Lowndes K.C. and Dube for the respondents.

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