Yahya Ali, J.

1. The defendant firm, Galley and Co., auctioneers at Madras, who are the petitioners, here were sued by the respondent who carries on business at Rajahmundry. The suit was for the recovery of a sum. of Rs, 1,632-8-0 being damages claimed for alleged breach of the contract entered into between the plaintiff and the defendant firm that the latter would sell on behalf of the plaintiff a quantity of aluminium ingots and after deducting their commission pay the balance of the sale proceeds to the plaintiff. The goods were alleged to have been sold contrary to instructions resulting in loss to the plaintiff. The contract is contained in the correspondence that passed between the parties. In Ex. D-I, the plaintiff wrote to the defendant on 12th March, 1938, asking if the firm would agree to charge a commission of five per cent, on two tons of aluminium ingots which were being sent for sale. In reply the firm wrote on 13th March, 1938 (Ex. P-I) as follows:

Your letter of yesterdays date, received and noted that you have two tons aluminium ingots for auction sale for which we thank you. As desired by you we shall accent five per cent, commission on the sale proceeds and