Kanhaiya Singh, J.

1. This is an appeal by the Union of India representing the railway administration from a Judgment and Decree of the 1st Additional Subordinate Judge, Patna dated 30th June, 1948, which decreed the respondents suit for damages for breach of three contracts.

1a. In 1943 the Divisional Superintendent, East Indian Railway (now Eastern Railway) Dinapore, entered into contract with the plaintiff for supply of food-grains to the railway. These contracts were made by means of three purchase orders, No. 69, dated 20-7-1943, No. 76 dated 24-7-1943 and No. 106 dated 24-8-1943. The plaintiff agreed to supply to the railway administration 10,000 maunds of gram of the first quality at the rate of Rs. 15 per maund under the first contract, 1000 maunds of dhenki rice of medium quality at the rate of Rs. 22/8 per maund and 5000 maunds of white wheat at the rate of Rs. 20/8 per maund under the second contract and 15,000, maunds of rice of medium quality at the rate of Rs. 24 per maund under the third contract.

The delivery of all the goods under the first and third contracts was to be made P. O. R. at any station on the East Indian Railway in the State of Bihar, while tha