LODHA, J.—This is a first appeal by the defendants arising out of a suit for recovery of damages on account of the alleged breach of contract on their part to take delivery of 485 bales of gunny bags which they had contracted to purchase from the plaintiffs. In order to appreciate the various questions which have been canvassed on behalf of the appellants, it would be necessary to set out the facts leading to this litigation.

2. The case of the plaintiff-respondents is that they carry on business at Sambhar along with one Ramvallabh who has been made a proforma-defendant, and defendants Nos.l to 3 also carry on business at Sambhar under the name and style Firm Birdhichand Sumermal, which is a partnership firm. It is alleged by the plaintiffs that on Magh Badi 4, Smt. 2003 equivalent to 10-1-47 the defendant firm Birdhichand Sumermal purchased bales of gunny bags from the plaintiffs in two lots to be delivered on Fagan Sudi Poonam, Smt. 2003 equivalent to 7-3-47, one of 225 bales at the rate of Rs. 80/14/- per hundred bags and the other of 260 bales at the rate of Rs. 80/15/- per hundred bags. Thus, the total contractual price of these 485 bales of gunny bags came to Rs. 1,96,203/2/-

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