JUDGMENT: This is an appeal by the defendant from a decree for damages to the extent of Rs. 394/4/- for an alleged breach of a contract for the sale of saw dust. The plaintiff has filed a cross-objection in which he has claimed enhancement of the damages by Rs. 394/4/-.

(2) The relevant facts are as follows: The de fendant who is a forest contractor and a timber merchant at Yeotmal had opened branch office at Murtizapur for the sale of timber and saw dust. According to the plaintiff, he had appointed Gopikisan (P. W. 2) as the manager of the shop and that Gopikisan entered into a contract with the plaintiff on 29-8-1948 for the supply of 2000 bags of saw dusttin four months at the rate of Re. 1/- per bag. The plaintiff alleges that he paid Rs. 250/- as an advance to Gopikisan, that Gopikisan delivered to him only 423 bags of saw dust and that neither he nor the defendant delivered to him the balance. It may be mentioned that in the contract it is stated that if a breach were committed the defendant would be liable to pay Rs. 1000/- by way of damages. The plaintiff therefore claimed this amount together with of a sum of Rs. 102/- which was in excess of the amount which he had paid to

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