Rajamannar, C.J. -This is an appeal against the judgment and decree of Ramaswami Gounder, J., dismissing the appellant’s suit in C.S. No. 380 of 1949, for the recovery of a sum of Rs. 34,063-7-3 from the Dominion of India as the owner of the Madras and Southern Mahratta Railway represented by the General Manager of that Railway. The plaintiff claimed that amount as damages consequent on a breach of contract alleged to have been committed by the defendant. The material facts are not in dispute. In pursuance of an invitation by the Madras and Southern Mahratta Railway for tenders for the supply of jaggery to the railway grainshops the plaintiff submitted on 27th January, 1948, a tender in the prescribed form offering to supply 14,000 imperial maunds of cane jaggery, Chittore variety, first sort, during the months of February and March, 1948, at the rate of Rs. 11-4-0 per imperial maund. The defendant in a letter addressed by the Deputy General Manager of the Railway dated 20th January, 1948, accepted the plaintiff’s tender and called upon the plaintiff to remit a sum of Rs. 7,900 in cash to the paymaster and cashier of the Railway at Madras on or before 7th February, 1948, as securit

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