Lord Morton of Henryton-

This is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal in its civil appellate jurisdiction, dated 27 - 3 - 1945, reversing a judgment and decree of the same Court in its ordinary original civil jurisdiction, dated 14th January 1943. The appeal arises out of an action by the respondent company against the appellant firm claiming damages for breach of a contract for the supply of tin.

[2] It is necessary to set out the proceedings in the Courts in India in some detail, as the findings of fact by the learned trial Judge, and the attitude adopted by the appellant firm in regard to these findings of fact, are of great importance. The learned trial Judge (McNair J. stated the events leading up to the action as follows :

"The plaintiff company sue the defendant firm to damages for breach of contract for the supply of tin On 8 - 12 - 1941 there was a telephone conversation between N. T. Shaha of the plaintiff company and Ran choredas of the defendant firm in which the plaintiff company made known their requirements and the defendant firm contracted to supply them.

Later the same day the plaintiff company wrote to the defe