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1955 Supreme(Bom) 74

S.T.DESAI
Navnital & Co. and Ors – Appellant
Versus
Kishanchand & Co – Respondent


Judgment

1. The plaintiffs sue to recover damages from the defendants for breach of two contracts for the sale and delivery of cotton yam. It is the plaintiffs case that the first plaintiffs Carry on business of export and import in Bombay that in the matter of the contracts in suit they acted for and on behalf of plaintiffs 2 to 5 who carry on business in cotton yam and piece-goods fit Singapore in the name and style of Manalal Gowindji Co.

On 16-11-1950 two contracts were entered into between the defendants and the first plaintiffs acting On behalf of their overseas friends Messrs. Manalal Gowindji Co. One contract was for the sale by the defendants to the overseas firm of 50 bales of cotton yarn at Rs. 34/- per bundle of ten pounds F. O. B. Cochin on terms and conditions recorded in a letter dated 16-11-1950.

A similar contract for the sale of 100 bales of cotton yarn was entered into between the same parties on the same terms except that in the first contract credit was to be valid upto the end of February 1951 whilst in the other contract credit was to be valid upto the end of March 3951. According to the plaintiffs the defendants failed to perform their part of the two con
























































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