( 1 ) THE appellant is the 1st defendant the plaintiff is a firm carrying on business as stevedores, clearing and forwarding Agents at Machilipatnam. The suit is filed for breach and forwarding agents at Machilipatnam. The suit is filed for breach and forwarding Agents at Machilipatnam. The suit is filed for breach of contract claiming damages to the tune of Rs. 11,750. 00 with subsequent interest. The agreement was reached between the plaintiff and the 1st defendant that the iron ore belonging to the Government of orissa should be exported from paradeep post in orissa to foreign countries by steamers and the rate that was agreed to be given to the plaintiff is Rs. 3. 00 per ton by telegram dated 14-5-1958 the plaintiff was informed that the japanese vessel S. S. Golden Kappa was calling at the port on 23-5-1958 the plaintiff should be ready to undertake the loading work by subsequent telegrams and also by letter dated 16-5-1958 sent by the state Trading corporation of India. The plaintiff was intimated that the vessel S. S. Golden kappa was chartered for transporting 4000 tons of iron ore from paradeep and requested the plaintiff to send three copies of their daily re