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1956 Supreme(Bom) 3

M.C.CHAGLA, S.R.TANDOLKAR
Hirji Bharmal – Appellant
Versus
Bombay Cotton Ltd – Respondent


Judgment -

1. The suit out of which this appeal arises is based on three contracts by which the plaintiffs agreed to sell cotton to the defendants. The first contract is dated "18th December, 1951 and by this contract the plaintiffs sold 500 bales of Bengal Deshi Cotton at Rs. 640/- per candy F. O. R. Bombay. The second and the third contracts are of even date 22nd December, 1951. By the first of these two contracts the plaintiffs sold 2145 bales also of Bengal Deshi Cotton at Rs. 627/- per candy F. O. R. Bombay, and by the second they sold 1000 bales at Rs. 627/- per candy F. O. R. Bombay.

2. The main dispute with regard to these two contracts between the plaintiffs and the defendants was that according to the defendants this cotton was to come from Pcpsu region and the cotton was to be accepted by the defendants on buyers selection, i.e. their selection. As against this the plaintiffs contention was that this cotton was to be of Dhuri Line and was to be of "fair average quality". The plaintiffs relied in the suit on contracts which according to them were in writing and in the written contracts on which they relied these two terms appear, viz., that the cotton was to be of Dhuri Lin




























































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