RAMAPRASADA RAO, J.:- The defendants, who failed in the City Civil Court, Madras in O. S. No. 4362 of 1967, are the appellants. The first defendant is Pudukottah Textiles Ltd, which was represented for all purposes in this action as well as in the correspondence by its Director-in-charge, Narayana Chettiar, who is the second defendant in the suit. In June 1965, the defendants caused a publication to be made in regard to the sale of certain textile machineries belonging to them. The plaintiff in response to the said advertisement, offered, after inspection, to purchase the said machineries for a sum and consideration of Rs. 2,50,000 but made the offer subject to the following conditions.

1. The licence from the Textile Commissioner should be got by the defendants and endorsed in favour of the plaintiff.

2. The time for taking delivery of the machinery and payment of a sum of Rs. 2,25,000/- after adjusting the sum of Rs. 25,000 paid as advance by the plaintiff should be on or before 31st May, 1966.

3. The defendants should encash the cheque for Rs. 25,000 if they agreed to the above conditions.

2. The defendants formally accepted the offer by a telegram, but followed it up by a