Venkatarama Aiyar, J.-These are appeals preferred under the Letters Patent against the judgment of Satyanarayana Rao, J., in S.A. Nos. 464 and 465 of 1946 whereby he reversed the judgment of the District Judge of Madurai in A.S. Nos. 294 and 295 of 1944 which in turn had reversed the judgment of the Subordinate Judge of Madurai in O.S. No. 100 of 1943 and No. 82 of 1943. The appellants in this Court were the plaintiffs in O.S. No. 100 of 1943, Sub-Court, Madurai and the suit was for damages for non-acceptance of goods under a contract, dated 13th May, 1943. The defendant in this suit filed O.S. No. 82 of 1943 in the Sub-Court at Madurai, against the plaintiffs in O.S. No. 100 of 1943 claiming damages for non-acceptance of goods under contract, dated 3rd June, 1943. Both the suits were heard together and disposed of by a common judgment and so were the appeals in the District Court and in this Court.

The facts material for the purpose of these appeals are these:

Both the parties are prominent merchants in Madurai doing business in yarn On 13th May, 1943, they entered into an agreement, Exhibit P-1, under which the appellants agreed to sell and deliver ten bales of yam to the responden

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