Rajagopala Ayyangar, J.-The defendants are the appellants in this appeal which is directed against the judgment of Mack, J., sitting on the Original Side of this Court and the complaint is regarding the dismissal of the counter-claim which they had filed in C.S. No. 384 of 1947 a suit filed by the plaintiff against them. The appellants are the buyers in a contract for the sale of goods while the respondents are the sellers or the representative of the sellers.

The facts giving rise to C.S. No. 384 of 1947 may be briefly stated. The plaintiff is a general merchant, importer and exporter and commission agent carrying on business in Madras while the defendants are a firm of merchants dealing among others in stationery articles. After some previous correspondence to which it is unnecessary to refer the defendants placed an order with the plaintiff on 30th December, 1946, for the supply to them of 550 gross of Everlast fountain pens. The description of the pens was “1,000 D.F. Reguar fills”. The price per gross was 74.95 dollars. This was forwarded to Messrs. Frazer & Co., New York who themselves were middlemen getting these goods from manufacturers of these pens The prices here mentione

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