The Chief Justice.-

.

The appellant company was the defendant in a suit for damages for breach of contract for sale of yarn. Most of the facts are not in dispute. The plaintiff company has its office in Bangalore and works in conjunction with a mill in Cochin state. The defendant company has an office at Coimbatore. On the 14th May, 1943, under Ex. P-1 the plaintiff agreed to sell to the defendant 200 bales 40 s. of Cochin Egyptian Special D.H.X.C.R. yarn at a price of Rs. 49 per bundle of 10 lbs. ex-mill site, delivery July 1943, payment cash against goods or railway receipt. There was trouble between the parties about the performance of this contract and on the 31st July, 1943. The parties met at Coimbatore and entered into a fresh agreement, Ex P-1(a) the relevant portion of which provides that the defendant withdraws all complaints regarding quality and count which have been raised so far and agrees to accept and take immediate delivery of 150 bales of yarn of the same description as originally accepted without any objection as to quality and count or ticket. The bales are to be despatched from “tomorrow” from Pudukad (which is in Cochin State) to Cochin harbour or Wadibunder as

Click Here to Read the rest of this document