Judgement

Appeal (No. 78 of 1946) from a judgment and decree of the High Court made in its appellate jurisdiction (December 4, 1944) setting aside a decree of that court made in its original jurisdiction (April 10, 1944) and giving judgment for the respondent for Rs.99,043.

The following facts are taken from the judgment of the Judicial Committee. The history of the case began with a contract made on September 9, 1938, between the first appellants, of the one part, and Francke Werke A.G. of Bremen, Germany, and Hansa (India) Trading Co., Ld., of Bombay (therein and hereinafter referred to as " the sellers ") of the other part. By the contract the first appellants agreed to buy, and the sellers agreed to sell, certain machinery with all the necessary accessories, as specified in Schedule A to the contract, for a complete oil refining and hydrogenating plant. The relevant terms of the contract may be summarized as follows (i) By cl. 1 it was provided that the delivery by the sellers was to consist of the machinery, etc., specified in Schedule A. The sellers were also to supply free of charge complete sets of drawings showing the arrangement in detail of the buildings and execution dr