Ramakrishnan, J.

The appeal and the memorandum of cross objection are filed respectively by the plaintiff and defendant in the suit.

2. Plaintiff and defendant are both firms carrying on business in rice and other food grains in Mattancherry and Calicut respectively. According to the plaintiff, defendant entered into two con tracts on-19-7-1975 with them for the purchase of three wagons each of Nepal rice. The first contract was for three wagons at the rate of Rs.362/- per quintal, biotic, ready R.R. from' Jayamgur 'or' Jogbani 'to Calicut. The second contract was for three wagons again, at the rate of Rs.365/- per quintal biotic, ready R.R. from 'Jogbani' to Calicut. The other terms and conditions of the two contracts were identical. The payment was agreed to be made against R/R in cash or by T.T. at Cochin through bank. There was an agreement to pay interest from the date of contract at 18% and also bank commission at 50 No per hundred rupee. The defendant also paid a total amount of Rs. 18,000/- as advance, at the rate of Rs.3,000/- per wagon. The three wagons forwarded under the first contract and the two wagons forwarded under the second contract as per Invoice Nos.