This second appeal arises out of O.S. No. 601 of 1945, a suit filed by the appellant for recovering from the defendant damages for breach of contract.

On 6th October, 1944, the defendant and the plaintiff entered into a contract where under it was agreed that the defendant should deliver 151 bags of Kannady quality jaggery at Rs. 20 per bag free on railway, Karur. The defendant despatched the goods in Karur and they reached Calicut on 22nd October, 1944. The plaintiff on inspection of the goods discovered that they were not in accordance with the quality agreed to be delivered. It appears that the agent of the defendant who was in Calicut persuaded the plaintiff to take the goods at Rs. 19 per bag with a promise that the defendant would deliver the goods of the requisite quality in accordance with the terms of the contract dated 6th October, 1944.

Both the Courts found that by reason of the aforesaid agreement the defendant had agreed to deliver the goods under the earlier contract. Unfortunately on 25th October, 1944, the Board of Revenue, Madras, issued a Press Note controlling the movement by rail of cane jaggery from any station in Trichinopoly district to Calicut. Th