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1974 Supreme(AP) 97

O.CHHINNAPPA REDDY, A.V.KRISHNA RAO
Motilal Srinivasa Sarda – Appellant
Versus
Netha Co-operative Spinning Mills Ltd. – Respondent


A. V. KRISHNA RAO, J.

( 1 ) THE plaintiffs firm is the appellant. The suit was filed for recovery of Rs. 51,915. 14. The said amount included a claim by way of damages for breach of contract committed by the defendant and also for unpaid sale price inclusive of interest. The trial Court decreed the suit in respect of the unpaid sale price and dismissed the suit for damages for breach of contract. There is no appeal by the defendant regarding this portion of the decree and that has become final.

( 2 ) THE case of the plaintiff in the plaint is that it is a firm carrying on business as suppliers of different varieties of cotton to several cotton Textile Mills. The defendant is one such mill. The defendant had placed orders for the supply of cotton bales of Koppal Lakshmi Variety by their letters dated 7-5-1963 (Ex. A-1) and 8-6-1963 (Ex. A-2 ). By the order dated 7-5-19153 the plaintiffs were to supply 300 bales, while by the order dated 8-6-1903 they had to supply 300 bales of cotton. Pursuant to the order dated 7-5-1963, the plaintiff had supplied 50 bales of cotton on 7-6-1963. The defendant had paid only a portion of the money and there was a balance of Rupees 6,543. 23 due from























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