1. This appeal arises out of a suit for recovery of Rs. 16,000/- as damages apart from interest claimed on a sum of Rs. 5,000/-. It appears that the defendant got an advertisement published in the Daily Statesman, Delhi Edition, in the issues of 9th, 10th and 11th July 1946 as follows:

"For sale one 15 ton ammonia ice-plant complete in working condition. Write for particulars to Bharat Engineering Works, Kanpur."

As a result of correspondence between the par ties a contract was entered into between the plaintiff and the defendant. It was embodied in the form of an order and was as follows:

"From Purchasers Name Mr. Maha Vir Gupta Village Anand Ashram P. O. Panipat DistrictTo Messrs The Bharat Engineering Works, Sole Makers of, Bharat Oil, Crude & Gas Engines, Bharat Building, Kalpi Road, Kanpur. Dear Sirs, I/we hereby place with you, subject to your usual terms of business as (detailed on back hereof) order for goods as specified below delivered Ex-site. Total price Rs. Approximate time of delivery. Terms of payment, Rs. 5,000/- as deposit against the order and balance against Railway Receipt payable at Kanpur. Forwarding Instructions. SPECIFICATIONS. One second hand 15 ton