1955 Supreme(Mad) 159
P.V.RAJAMANNAR, SOMASUNDARAM
Lakshman Prasad and Sons – Appellant
Versus
A. Achuthan Nair – Respondent
Advocates:
P.V. Subrahmanyam for Appellant.
K.P. Raman Menon for Respondent.
Rajamannar, C.J.-The facts of this case are simple. The appellants are a firm of dealers in automobiles carrying on business in Madras. The Respondent purchased from them a Hindusthan-10 motor car, fixed head type, for a sum of Rs. 9,350 (vide Exhibit B-3), on 22nd January, 1948. That was at a time when the Madras Civil Motor Cars Control Order, 1947, was in force, and no type of car could be sold for a price exceeding that fixed by the Government under that Order. On the evidence, it is clear that at the time when the contract was entered into, both the plaintiff and the defendants thought that Rs. 9,350 was the price fixed under the order for the type of Hindusthan-10 purchased by the plaintiff. This was evidently because of the impression created by a circular submitted to the Provincial Motor Transport Controller by Messrs. Hindusthan Motors, Ltd., fixing the price of Hindus-tan-10 at Rs. 9,350 which price was apparently approved and confirmed by the Provincial Motor Transport Controller. In a letter, dated 2nd December, 1947, the Provincial Motor Transport Controller wrote to the Hindusthan Motors, Limited, Calcutta, to say that he had informed the Appellant firm that the pric
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