RAMANUJAM, J.:- The plaintiff in O.S. No.336 of 1973, on the file of the Sub-Court, Madurai, who has failed in that court, is the appellant herein.

2. The appellant-Mill filed the suit for recovery of a sum of Rs. 18,500/-, as damages for the breach of a contract which it had entered into with the defendant on 30-3-1972. The appellant's case as set out in the plaint is that on 30-3-1972, the defendant's representative attended the Sales Committee meeting held by the plaintiff at Madurai District Central Co-operative Bank Ltd., Madurai, for fixing the price of sugar and gave a written tender on that day to purchase 500 bags of E. 30 sugar at Rs. 262 per bag. The said tender was accepted by the plaintiff and that acceptance was duly communicated to the defendant's representative who deposited then and there a sum of Rs. 5000/- representing Rs.

10 per bag as advance, agreeing to pay the balance of the sale price by 10th April 1972, and take delivery of the entire 500 bags of E. 30 sugar thereafter. Since the defendant did not remit the balance of sale consideration till 8th April 1972, a telegram was sent by the plaintiff to the defendant calling upon the defendant to remit th