JUDGMENT

Chatterjee, J. - This is a suit for the recovery of Rs. 32,500/- being damages for breach of contract.

2. A gentleman by the name of Hazarimull Agarwalla carried on business in' the name & style of Sree Jagadish Rice & Oil Mills at Forbesgunge in the district of Purnea in Bihar. He was the karta & manager of a joint Hindu family which carried on business in that name.

3. The case made in the plaint is that it was agreed that Hazarimull Agarwalla would sell & the deft, would purchase 2,500 maunds of rice on inter-alia the following terms & conditions: (a) The deft, would pay the price of rice at 28/-per maund. (b) The deft, would pay also two annas per maund, as expenses for cartages & loading, (c) The deft, would pay Rs. 62/- per hundred new bags, (d) Delivery would be given at the plff's. mill.

(2) It is alleged in the plaint that the deft, postponed taking delivery of the goods to which the plff. assented. On 20-9-1943 the plff. called upon the deft, to take delivery of the goods within fifteen days but the deft, failed & neglected to take delivery of the goods & this suit has been instituted, for damages being the difference between the value of the goods at the contract ra