( 1 ) THE above appeal arises out of OS. No. 492 of 1964 on the file of the addl. Civil Judge, Civil Station, Bangalore. The plaintiff is a Co-operative society engaged in the business of import, export and distribution of goods amongst other Co-operative Societies in the State of Mysore governmental agencies and other sections of the public. Defendant 1 is a partnership firm carrying on business at Rangoon. Defendant 2 is a company acting as the agent of defendant 1 at Calcutta and defendant 3 is the agent of defendants 1 and 2 at Bangalore City. Under an agreement dt. December 12, 1063 the pliantiff agreed to buy from defendant 1 5797 bags of best medium sized Auaghaun Seed potatoes at Rs. 54 per bag CIF. Madras. Similarly under another agreement dt. December 27, 1963, it agreed to buy from defendant 1 an additional quantity ot 478 bags of seed potatoes of the same quality at the same price the other terms and conditions of the two agrements were identical.

( 2 ) THE agreements were signed by defendant 3 on behalf of all the defendants. Under the said agreements defendant 1 undertook to supply the seed potatoes on or before January 5, 1964 with the stipulation t