UMAMAHESWARAM, J.:-

This appeal is brought by the defendants Hasanbhoy Jetha, a firm carrying on business as stockists and suppliers of hardware goods and second-hand machinery in Bombay. The suit was instituted in March 1946 by the respondents herein for recovery of damages of a sum of Rs.8187-8-0 on the ground that the appellants firm was guilty of "breach of contract, breach of condition and breach of warranty and false representations and assurances as detailed in paras.4, 5, and 7 of the plaint". By a subsequent amendment in 1948, the respondents claimed that they were entitled to the return of the sale consideration of Rs.11,500 plus the amounts expended by them by way of repairs, or in the alternative to recover damages already claimed by them in the original plaint plus a sum of Rs.858-8-0 spent for repairs on 30-6-1947 making in all Rs.9046. The appellants herein contended that they were not liable to return the sale consideration, or pay any amount by way of damages, as the second-hand stone-crusher was purchased by the plaintiff company after inspection and that no assurances, express or implied, were given by them.

The suit was heard by Mack, J. and the main issu