JUDGMENT :- The appellant herein is the defendant in the suit. They are a firm at Amraoti in Madhya Pradesh engaged in selling toor dhal and other commodities. The plaintiff in the suit is a firm of dealers in Salem. Between 3-8-1953 and 5-8-1953, a contract was entered into between the plaintiff and defendant under which the defendant agreed to supply dhal of the description of Damangan Toor dhal at Rs.52 a bag under the "Bilty" system as it is known in common parlance. The goods were booked at Amaraoti by rail on or about 6-8-1953 and the railway receipt along with the invoice for Rs.12,033/- was sent by the defendant to the plaintiff through the Central Bank of India. The plaintiff paid the price of the hundi as well as the railway freight (Rs.838-14-0) and took delivery of the goods at Salem on 13-8-1953. He found that the goods were damaged by moisture. The railway receipt itself contained a note that at the time the goods were loaded in the train in Madhya Pradesh they had been drenched by rain. They were also mixed with broken bits and husk but with this part of the damage to the goods we are not concerned in this second appeal. We are only concerned with the damage