Venkatarama Ayyar, J.- This is an appeal against the Judgment and Decree of Mr. Justice Bell dismissing C.S.No. 100 of 1946 on the Original Side of this Court. The plaintiffs are merchants carrying on business at Alandur near St. Thomas Mount and the suit was to recover damages for breach of warranty in respect of goods sold to them by the defendants under a contract entered into on 19th September, 1945. During this period, there was a great demand for chillies in Madras. The defendants had purchased 250 maunds of chillies from a firm of Calcutta merchants called Ganjee-Sajun &38; Company and the same had been shipped per S.S. Dhruva on 16th September, 1945. While the shipment was on its way the plaintiffs agreed to purchase this consignment of 250 maunds from the defendants at Rs. 37-12-0 per maunds C.I.F. Cuddalore. The steamer arrived at Cuddalore on 2nd October, 1945. The bills of lading had been sent by the Calcutta Merchants to the defendants along with their invoice dated 21st September, 1945. The original arrangement was that the defendants should clear the goods at the port through Messrs. Parry &38; Co., and consign them by rail to the plaintiffs at St. Thomas Mount. On 4

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