1. This is an appeal by the defendants. The plaintiff supplied to the defendants a hot mix plant. The defendants paid only 90 percent of the price. They refused to pay the balance 10 percent of the price. Hence the suit. The trial court decreed the suit. Now the defendants appeal before this Court.

2. Defendant No.1 invited offers for the supply of 6 numbers of hot mix plants. The plaintiff offered to supply the plant by their letter dated 22-1-1973. The 2nd defendant accepted the offer. He placed an order with the plaintiff for the supply of 2 numbers of hot mix plants. Subsequently the order was modified to confine it to one unit.

3. The component parts of the hot mix plant were despatched in two lots. The delivery was effected in March 1975. The invoice price of the hot mix plant is Rs. 3,69,888/-. One of the terms of the agreement of sale provided that the defendants have to pay 90 percent of the value on taking delivery of the plant and the balance 10 percent after the successful completion of the trial run. The case of the plaintiff is that the defendants did not promptly pay the 90 per cent of the price even after taking delivery. According to the plaintiff much de