( 1 ) THIS is an appeal from a judgment and decree of Chatterjee, J. See A I R (39) 1952 Cal 335-Ed. whereby he dismissed the plff's suit for damages for breach of a contract.

( 2 ) ONE Hazarimull Agarwalla, as Karta of a joint Hindu family, carried on a business under the name and style of Shri Jagdish Rice and Oil Mills, at Forbesganje in Purneah, Bihar. He died during the pendency of the suit and is now represented by his son, Ramkumar Agarwalla. The deft, is a limited company having its registered office in Calcutta.

( 3 ) THE plaint alleged that there was a contract between the plff. and the deft, company for sale of rice. The contract was entered into between the plff. and the company by 2 letters and a telegram dated respectively July 12, July 15, and July 17, 1943. The terms of the contract were that the company would pay Rs. 28/- per maund of rice, delivery Ex-Mill and would also pay Rs. 62/- for 100 new Gunny Bags and annas two per maund for cartage and loading. It was further alleged that the deft, postponed taking delivery from time to time and that on 20-9-1943, the plff. called upon the company to take delivery within 15 days. No delivery was taken.