K. S. SHRIVASTAV, J.

( 1 ) THIS appeal is against the judgment and decree passed by the Subordinate judge, Guntur ino. S. No. 309/1980 dt 30-6-1982. The defendant is the appellant.

( 2 ) THE facts which are no longer in controversy before me, in short are that on 9-8-1977 the appellant-defendant had purchased 50 bales of cotton, the net weightof which is 84 quintals 79 kgs. 500 grams,at the rateofrs. 1,251-62ps. per quintal for a total sum of Rs. 1, 06, 131-12 ps. through invoice No. 2/19. On the same day, the appellant-defendant also purchased 28 borems of cotton, the net weight of which is 38 quintals 57 kgs. and 500 grams, at the rate of Rs. 1, 406-28 ps. per qunital for a total sum of Rs. 54, 247-25 ps. through invoice No. 2/18. The invoices were prepared on 9-8-1977. The sold bales of cotton were delivered to the appellant-defendant on the same day. He had purchased the cotton on credit. The payment was agreed upon to be made after one week therefrom. But the appellant-defendant paid Rs. 1,60,000/- in instalments after two years, leaving a balance of Rs. 378-37 ps. towards the unpaid price of the cotton sold.

( 3 ) THE respondent-plaintiff brought a suit for recovery of Rs. 373

Click Here to Read the rest of this document