DAS, J.

( 1 ) PLAINTIFF filed the suit for recovery of damages of Rs. 9,300/- from the defendant at the rate of Rs. 300/- per month from 24-12-1961 to 20-7-1964 for non-supply of a truck in time. Plaintiffs case may be stated in brief. He is 'a' class contractor executing works under the State Government and was in urgent need of 2 trucks for his business. Defendant is the dealer of Tata mercedes Benz trucks (hereinafter called the TMB trucks ). Plaintiff placed orders with defendant for supply of 2 TMB trucks of 1. 312/42-165 wheel base model and payment was to be made on delivery of the truck. Defendant acknowledged receipt of plaintiff's anplication and registered his name allotting him serial number C-195 and C-196. Plaintiff also deposited Rs. 2,000/- for each truck in the State Bank of India as guarantee. Plaintiff moved the State Government through Chief Engineer for delivery of the trucks to him on priority basis. Government sanctioned delivery on priority basis and the manufacturer Tata engineering and Locomotive Company (hereinafter described as TELCO) was informed accordingly. TELCO also intimated that plaintiff would be supplied with 2 TMB trucks on special priority. D