These two appeals arise under the provisions of the Indian Arbitration Act from the orders of the Subordinate Judge of Vizagapatam, allowing O.P. No. 36 of 1946 and dismissing O.P. No. 24 of 1936 on his file.

The appellant had entered into three contracts with the contesting respondent for the sale of groundnut and though the contracts themselves have not been exhibited in the court below, the specimens have been admitted by consent of parties in order to know the nature of the agreements. The first contract related to the sale of 500 bags of groundnut and is dated 23rd August, 1945, at the rate of Rs. 20-12-0 per bag with the stipulation that the delivery would take place in December, 1945. Towards the price, a sum of Rs. 2,500 was paid as advance. The second contract dated 26th August, 1945, related to the sale of another 500 bags of groundnut at the rate of Rs. 21 a bag with the stipulation for delivery in December, 1945 itself. As advance towards this transaction a sum of Rs. 2,500 was also paid. The third contract dated 13th November, 1945, related to the sale of 1,000 bags of groundnut at the rate of Rs. 24-12-0 a bag for which the adyance paid was Rs. 5,000