RAMAPRASADA RAO, J.

1. The unsuccessful defendant in O.S. No. 239 of 1970 on the file of the Subordinate Judge of Erode is the appellant. The plaintiff filed a suit for recovery of a sum of Rs. 43,875/- and costs which according to him was damages payable by the defendant consequent upon his non-performance of a major portion of three agreed contracts he entered into according to him on 15th November, 1969, 16th December, 1969 and during the third week of January, 1970. The plaintiffs case is that the defendant is a manufacturer and dealer of empty tin containers at Quilon, and be being a businessman dealing in groundnut oil and refined oil, placed orders on three different dates for the supply at three different prices for varied quantities and these contracts are evidenced in writing excepting the last of them and the defendant accepted such contracts bat failed to perform the same in full, and therefore, he was entitled to claim such damages which flew from the breach of contract committed by the defendant. The defendants case is that it was no doubt true that tee first two contracts were entered into on the dates specified by the plaintiff in the plaint, but in so far