JUDGMENT: -The plaintiff in O. S. No. 72 of 1969 on the file of the Court of the Subordinate Judge of Ramanathapuram at Madurai is the appellant. It is a registered partnership firm carrying on business in fire works and litho works at Sivakasi under the name and style of “the Standard Litho Works”. The first respondent herein is a partnership-firm carrying on business in fountain pens and ball-point pens having its head office at Calcutta and branch office at Madras, the second and the third respondents being its partners. The appellant herein instituted the suit for recovery of a sum of Rs. 11, 594-51 with interest. Admittedly the first respondent herein placed orders with the appellant for delivery of 75,000 calendars. These orders are dated 16th December, 1968 and they have been marked as Exhibits A-6, A-7 and A-8, Exhibit A-6 being Order No. 10151 for 15,000 calendars, Exhihit A-7 being Order No 10152 for 30,000 calendars and Exhibit A-8 being Order No. 10154 for another 30 000 calendars. They all originated from a telegram sent by the first respondent on 14th December, 1968, marked as Exhibit A-10. That telegram stated “supply additional 15,000 on 28th instant. More thirty th

Click Here to Read the rest of this document