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1959 Supreme(Pat) 100

R.K.CHOUDHARY, V.RAMASWAMI
B. N. Kataruka And Sons – Appellant
Versus
Chaulhai Nayak – Respondent


Judgment

1. In the suit which is the subject-matter of this appeal the plaintiff claimed damages for breach of contract from the defendants. It appears that on 19-8-1946, the plaintiff entered into a contract with, the defendants for the supply of Rs. 3000 gross of safety matches at the rate of Rs. 4/- per gross, the plaintiff also deposited a sum of Rs. 900.00 in advance with the defendants. On 12-11-1946, the defendants wrote a letter to the plaintiff cancelling the order and also returned the sum of Rs. 900.00 deposited by the plaintiff as advance. The amount was sent by the defendants to the plaintiff by a Bank draft. It is the admitted position that the plaintiff realised the money covered by the bank draft. On 18-11-1946, the plaintiff sent a letter to the defendants requesting that another wagon of safety matches may be supplied in January. 1947. The plaintiff sent a pleaders notice on 20-11-1946, claiming damages from the defendants for breach of contract dated 19-8-1946. The plaintiff thereafter brought the present suit against the defendants. The suit was contested by the defendants on the principal ground that though there was a breach of the first contract the plaintiff























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