ANANTANARAYANAN, J. :These are two related appeals. In C. C. C. A. No. 22 of 1956 the appellants are the Rajagopal Oil Mills, Salem, (1st defendant) and defendants 2 to 4. This is the main appeal, which involves a question of some interest whether, in the context of the suit transaction and other related transactions of the firm Rajagopal Oil Mills, the karta of this joint family business (second defendant) is not estopped from contending that the firm is not liable upon the suit transaction because the transaction was conducted and put through by Gopal (third defendant), a junior member of the family firm. C. C. C. A. No. 25 of 1956 is an appeal by Messrs. Louis Dreyfus and Co. Ltd. (plaintiffs in the lower court) upon two relatively subsidiary matters, concerning the actual date upon which the breach of contract occurred, and the assessment of the quantum of damages by the lower court.

2. Very briefly, the evidence conclusively shows that the Rajagopal Oil Mills (first defendant) entered into a contract with Louis Dreyfus and Co. Ltd. (plaintiffs) on 11-10-1950 under contract No. 21 (Ex. A1), for the sale and delivery by the defendants to the plaintiffs of 200 candies of