ANANTANARAYANAN, J. :- The appellant is the plaintiff in a suit in the City Civil Court Madras for recovery of Rs. 11080/- as damages for alleged breach of contract. The ease of the appellant was that he entered into two contracts with the defendant-firm (Chimanlal Desai and Co.), for the supply of 500 and 1000 fan belts for Mack Trucks under indent orders Nos. 5039 and 5052 dated 18-4-1949 and 7-5-1949. It is not in dispute between the parties that, with regard to indent No. 5052, the fan belts, 1000 in number, were supplied to the plaintiff-appellant about the end of July, 1949.

But the suit was with regard to the alleged failure of the defendant-firm to supply the 500 fan belts covered by indent No. 5039. The defendant-firm contended that the contract was really between the plaintiff and Messrs. Thermoid Company, Trenton N. J. U.S.A., and that they merely acted as the agents of the plaintiff with reference to the suit transactions. They further explained that the goods in question arrived in Madras by S. S. Exchange in or about the middle of July, 1949, as anticipated. But unforeseen difficulties were experienced in clearing the goods from the Customs Authorities at the