Madhavan Nair, J.

1. Plaintiff is the appellant. The plaintiffs suit was to recover Rs. 3,307 and odd made up of the amount advanced by the plaintiff to the defendant and also damages on account of breach of contract committed by the defendant in the following circumstances. The defendants kariasthan contracted with the agent of the plaintiff on the 5 to of August 1917 to supply 500 bags of rice at Rs. 11-11-0 per bag within three weeks and he got an advance of Rs. 1,500 as per varthamanam executed on that date. On the 26th of August 1917 he received a further sum of Rs. 2,500 from the plaintiffs agent towards the value of the rice bags to be supplied. The defendant supplied only 130 bags of rice as par contract. He did not supply the balance. The defendant pleaded amongst other things, that there was an understanding between the parties that rice was to be supplied only after the price of the whole rice was paid to the defendant and since this was not done he did not commit a breach of contract in not supplying the full number of the stipulated bags of rice. The Subordinate Judge did not, allow the defendant to adduce evidence with regard to the condition alleged by him as,