JAGAT NARAYAN, J.—These connected appeals arise out of a suit for recovery of goods in specie or in the alternative for damages.

2. The suit (No.297 of 1950) was instituted in the Court of Civil Judge, Ratangarh, on 20-7-50 by Chandmal against Hazarimal, Sohanlal, Bhanwarlal and Surajmal. The facts necessary for the disposal of the present appeals are these. The case of the plaintiff was that the defendants were partners in a partnership firm Gauri Shankar Sohanlal of Karanpur which had closed its business. It was alleged that the plaintiff purchased 176 bags of gur weighing 352 mds. on Chait Sudi 13, Smt. 2002 through this firm of the defendants and kept there for sale, that the defendants sent an account of their dealings with the plaintiff upto Kartik Sudi 1, Smt. 2002 showing a credit balance of Rs. 9266-4-6 in his favour, that the price of gur was debited to him in this account, but that it had not been sold by the date upto which the account was sent and that on 15-6-46 the plaintiff served a notice on the defendants (asking them to pay the price of the gur?). On that date the market rate of gur was Rs. 13/-per maund and the price of 352 mds. of gur had been claimed at that ra

Click Here to Read the rest of this document