ORDER :- This is a suit filed by the Plaintiffs, against the defendants to recover a sum of Rs. 26,400/- together with interest thereon being the price of art silk sarees sold and delivered by the plaintiffs to the defendants under a contract in writing dated 7th August 1973. Pursnant to the said contract the plaintiffs have delivered 1200 sarees on 14th Aug. 1973 under two bills bearing Nos. 1406 and 1475. It is the case of the plaintiffs that under the said contract the price of the goods was payable on delivery. Since the price was not paid by the defendants to the plaintiffs, the plaintiffs did not supply any further goods to the defendants under the contract. According to the defendants, only 50% of the price was to be paid by the defendants to the plaintiffs within a few days of the delivery of the goods and the remaining 50% of the price was to be paid by them within 60 days of the date of delivery. According to the defendants, the plaintiffs have wrongfully refused to make any further supply under the contract. As a result thereof the defendants have suffered damages to the extent of Rs. 28,843.25 P. which they have claimed to set off against the claim of the plaintiffs.

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