( 1 ) THIS is plaintiffs appeal. Their suit for recovery of Rs. 13,494-10-3 against the defendant has been dismissed with costs by the Principal Subordinate Judge, Eluru. Their claim consists of two amounts and interest thereon. One represents the Amount paid by plaintiffs on behalf of the defendant for the purchase of 301 bags for him. The other is cash advance by plaintiffs to Armugam at his request on behalf of the defendant.

( 2 ) THE facts of the case raise for determination only two questions: one, a question of fact and the other, a question of law. The question of fact is, whether the plaintiffs, in the transaction of supply of 301 bags of boiled rice to the defendant, held the capacity of sellers or mere agents on commission basis, and further, whether the plaintiffs did advance a sum of Rs. 600. 00 to V. Armugam, as the agent of the defendant. The second question which is of law, is, whether the plaintiffs have lost their right to the purchase money paid by them by reason of loss of goods in the looting after they were booked in the railway waggon.

( 3 ) IN order to appreciate the points raised, a brief statement of facts is expedient. Plaintiffs are a regis