( 1 ) THIS appeal is from the judgment of Mallick J. dated 29 July 1964 awarding the plaintiff a decree for Rs. 45,000 against the defendant Modis and a decree for Rs. 25,000 against the defendant Bhaduris.

( 2 ) THE defendant Modi Vanaspati Manufacturing Company (hereinafter referred to as the 'modis' for the sake of brevity) is the appellant. The respondents arc plaintiff Katihar Jute Mills (Private) Ltd. and the defendant Bhaduri Sen and Company Ltd. (hereinafter referred to as the 'bhaduris' for the sake of brevity ).

( 3 ) THE plaintiff filed the suit against the Modis and the Bhaduris and claimed a decree for Rs. 80,960 as mentioned in paragraph 17 of the plaint and if necessary an enquiry into damages and decree for such sum as might be found due. The. plaintiff's case was that by exchange of letters and telegrams between the month of July 1952 and the month of November 1952 it was inter alia agreed that the Bhaduris would sell two sets of generating plants to the plaintiff with parts and equipments more fully mentioned in the correspondence to the plaintiff and the price of each plaint would be Rs. 70,000. The correspondence was set out in schedule A to the plain