Alfred Henry Lionel Leach, C.J.

1. The plaintiff in this action and the appellant in the appeal is the Government of Madras. It sued on the Original Side of this Court to recover from the respondent, a limited liability company trading in fire hose pipe, the sum of Rs. 24,982-6-0, moneys which it had paid to the defendant for goods supplied, the allegation being that the goods had proved to be of inferior quality. The contract was for the supply of 10,000 feet of hose. The hose was delivered in instalments between the 28th April, 1942 and the 3rd June, 1942. By the 8th May, 1942, the defendant had delivered 7,986 feet and had received payment in full for this quantity by the 15th May, 1942. The balance of the contract was delivered in three instalments between the 19th May, 1942 and the 3rd June, 1942, but these goods were not paid for. The Rs. 24,982-6-0 represented the price of the 7,986 feet supplied up to the 8th May, 1942. The defendant brought a counter-claim for the price of the goods delivered and not paid for, the amount being Rs. 6,559-13-0. The learned trial Judge (Charidrasekhara Aiyar, J.) held that the goods supplied were of inferior quality and consequently th