BARMAN, J.

( 1 ) DEFENDANT is the appellant. This appeal arises out of a rice supplying contractor's suit for recovery of Rs. 36,854/3/-consisting of four several sums, namely Rs. 10,322/8/- as loss alleged to have been suffered by trie plaintiff as cost incurred in re-sale, at a loss of certain bags of rice after alleged wrongful rejection of the same by the defendant, Rs. 13,566/13/- and Rs. 11,217/6/-both sums (aggregating Rs. 24,784/3/-) for alleged wrongful deduction from the plaintiff's bills and Rs. 1,747/8/-as price of gunny bags payable by the defendant under the terms of the contract.

( 2 ) THE plaintiff's case is this : In December 1954, the plaintiff who is a grain merchant submitted to the defendant a tender for supply of rice for the period from Januarys to June 1955. The said tender was accepted by the defendant as per clauses in the tender notice for supply of rice to the defendant at four different places including manganese mines at Joda as per sample submitted by the plaintiff-and at rates tendered by the plaintiff. In pursuance of the said contract the plaintiff supplied at the godown of the defendant at Joda seven wagon loads of rice weighing 3920 maunds of r