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1950 Supreme(Mad) 205

PANCHAPAKESA AYYAR
Pulavarti Sitaramamurty – Appellant
Versus
Bangaru Sobhanadri – Respondent


Advocates:
D. Narasaraju and K.B. Krishnamurthi for Petitioners.
K. Venkataramana for Respondents.

Judgment

This is a petition for revising the judgment and decree of the Additional Subordinate Judge of Kakinada in S.C.S. No. 239 of 1947. The facts are briefly these. The plaintiffs, Bangaru Sobhanadri and Bangaru Krishnamurthi, had sued Pulavarti Silaramamurthi and Pulavarthi Viswanadham for recovering damages of Rs. 789-13-6 for alleged breach of contract said to have been committed by the defendants in connection with the delivery of 50 bales of gunny bags consisting of 400 bags per bale. The contract, Exhibit A-1, was entered into on 8th July, 1947. Under its terms, 25 bales had to be delivered by 1st September, 1947, and the other 25 bales by 1st October, 1947, and it was expressly stated that the delivery order should be taken by the plaintiffs only after paying the amount to the defendants. The price was fixed at Rs. 85-8-6 per 100 bags. The plaintiffs, admittedly, did not go to the defendants with the money due and demand delivery, as the contract expressly required them to do. On 29th August, 1947, they sent a notice, Exhibit A-4, to the defendants stating they were ready to take delivery of the 25 bales due in August as per the above contract and asking the defendants to





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