U.N.Sinha, J.

1. (After stating the allegations of the plaintiff and the defendant and the issues arising thereon His Lordship proceeded).

(1) The first question that has been urged in this appeal is one of estoppel and acquiescence covered by issue No. 22. The facts necessary tor the determination of this question are as follows: On the 19th of September, 1952, the defendant Company sent a letter to the plaintiff contractor to the following effect: "Sub:-

- Our orders Nos. 338 and 373 for installation of Machine Tools in our Works. With reference to your claims on the above two contracts and your subsequent discussion with us in our office on the 21st June, 1952, and 17th September 1952, on this subject, we are sending herewith our cheque for Rs. 31,302-8-0 (Rupees thirtyone thousand three hundred and two and anas eight only) in full and final settlement of all your claims against the Company on the above two. contracts.

For your information we are enclosing herewith a statement showing complete details as to how the above sum of Rs. 31,302-8-0 has been arrived at after re-checking some of the bills as desired by you in the course of our discussion on the 21st June, 1952 a