Judgement

Appeal (No. 75 of 1921) from a judgment and decree of the High Court in its appellate jurisdiction (November 17, 1919) affirming a decree of Macleod C.J. (June 19, 1919).

The suit was brought by the appellant firm against the respondent firm to recover damages for the respondents failure to deliver under a written contract, dated November 26, 1917, for the sale of 864 bales of dhotis. The material facts appear from the judgment of the Judicial Committee; the terms of the contract appear more fully from a report at I. L. R. 44 B. 907 of the proceedings in the High Court.

The trial judge (Macleod C.J.) dismissed the suit, and that decision was affirmed on appeal by Heaton and Marten JJ. The grounds of their judgments appear shortly from the judgment of the Judicial Committee, and fully from the report above referred to.

1922. Nov. 6. Upjohn K.C. E. B. Raikes and S. C. Chaudhuri for the appellants.

MacKinnon K.C. and Porter for the respondents.

Dec. 20. The judgment of their Lordships was delivered by

LORD SUMNER. Though there is some difference between the various texts of the agreement, on which this action was brought, there is no doubt as to its substantial terms. It is