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1944 Supreme(Mad) 84

LEACH
B. Muniswami Chetty and Co. , firm – Appellant
Versus
D. Muniswami Chetty and Co. , firm – Respondent


JUDGMENT

Leach, C.J.

1. The appellants entered into a contract to sell to the respondents five cases of printed muslin. The appellants delivered only two of the five bales and consequently the respondents filed a suit on the original side of this Court for the recovery of the damages suffered by them as the result of the appellants breach. The appellants denied that they were in default, but the learned Judge (Chandrasekhara Ayyar J.) held that they were and that they were liable to the respondents in the full amount of their claim. The appellants have appealed. They say that the learned Judge was wrong in holding that they had broken the contract and that in any event he has assessed the damages on a wrongful basis. We are in agreement with the learned Judge on the question whether the appellants broke the contract, but we consider that the damages have been assessed on an erroneous basis.

2. The contract is in writing and is dated 23rd November 1941. The goods had to be obtained from the United Kingdom and the sellers undertook to make the shipment in the month of November unless they were prevented by force majeure. If by reason of circumstances beyond their control the shipment wa





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