1. The defendant in O. S.12 of 1958 on the file of the Subordinate Judge, Cochin is the appellant. The suit was for recovery of damages for breach of contract in respect of goods purchased and not taken

delivery of by the defendant.

2. The plaintiff's firm is doing business in Mattancherry in coconut oil both as merchants and commission agents. The defendant is a trader at Coondapoor, South Canara District. He is doing business in coconut oil through commission agents in Mattancherry. The terms of the agreement on the strength of which the plaintiff was transacting business with his customers like the defendant are set out in the plaint. The plaintiff alleged that all oil transactions entered into by commission agents at Mattancherry are governed by the trade usage known as Pakka Aadat system and the defendant was dealing with them under this system with the full knowledge of its incidents.

3. In the course of such dealings the defendant placed three orders, one for the purchase of 100 candies of coconut oil for one month's vaida (period) if the market rate was below Rs. 460/-; the second for the purchase of another 100 candies if the market rate was below Rs. 450/- and a