RAMASWAMI, J. : This appeal is directed against the decree and judgment of our learned brother Basheer Ahmed Sayeed, J., in C. C. C. A. No. 9 of 1953, reversing the decree and judgment of the learned City Civil Judge, Madras, in O. S. No. 126 of 1949.

2. The defendants Sorabji Hormusha Joshi and Co., (referred to in this judgment as Joshi and Co.) are carrying on business in Bombay, from 1946. They import dried sheep skins from East Africa. The plaintiffs, Ismail and Ibrahim, are brothers doing business in hides and skins in Vaniyambadi in North Arcot District. The second plaintiff Ibrahim stays and does business in Bombay. The plaintiffs had two transactions with the defendants and of which we are concerned only with the transaction of October 1947. In October 1947 the second plaintiff met the defendants and learnt from them that a consignment of dried sheep skins from East Africa had arrived in Madras and was lying in the Madras harbour.

The second plaintiff looked into the import invoices with the defendants showing their stock at Madras of East African raw dried sheep skins, In three lots, two of 6 bales each and one of 5 bales, bearing particular numbers and in all 17 b