PANIGRAHI, J.

( 1 ) THE suit out of which this appeal arises was instituted by the respondent plaintiff for recovery of damages for an alleged breach of contract to sell 5 bales of KKK sarees by the appellant.

( 2 ) THE plaintiff's case is that defendant No. l, the appellant, is the proprietor of jagjiv Rao Mills, Gwalior, and that he entered into a contract for the sale of five bales of cotton sarees on 4th June 1941 through their local Agents, Messrs. Baharilal Madanlal, who were impleaded as defendants 2 and 3. It ia alleged that the contrast was entered into on the representation of defendants 2 and 3 who showed a sample of the sarees contracted for. This contract was formally confirmed by the appellant, defendant l, on 12th June 1941 and the terms of the contract are embodied in a printed agreement which is Ex. A in the case. The plaintiff's case is that he made several demands on defend ants 2 and 3 to supply the contracted articles bub that they failed to fulfil the terms of the contract and that ultimately be sent a registered notice (EX. l) to defendant 1 on 18th March 1932 demanding performance of the contract. The defendantappellant, in his reply dated 3rd April 1942 (