Ramaprasada Rao, CJ. — This appeal is by the unsuccessful defendant in I.A. No. 874 of 1974 in O.S. No. 426 of 1974, on the file of the Court of the Subordinate Judge of Erode. The respondent-plaintiff filed the suit for recovery of a sum of Rs. 1,63,794 as damages, on the foot that the appellant-defendent had committed breach of contract, dated 15th January, 1974, to supply 500 full-pressed bales of new crop 797 Dholka or Bavla FAQ cotton of 1973-1974 season on the terms and conditions contained in the confirmation slip dated 15th January, 1974. The contract originated in correspondence and the respondent’s case is that it was concluded by a telegram. This is seen from Exhibits B-1 to B-3. The respondent’s specific case is that he sent the sale confirmation letter to the appellant and that that was the process by which the contract was concluded. On the strength of such a concluded contract, the respondent-plaintiff was demanding the performance of the same in accordance with its tenor, which the appellant refused. Obviously the price of cotton which was the subject-matter of the contract, by then rose. The respondent had therefore to file the suit for the recovery of damages for

Click Here to Read the rest of this document