( 1 ) THIS is a second appeal by the plaintiff. The plaintiffs suit for recovery of Rs. 1,850/- as damages from the defendant-respondent firm was decreed by the trial Court with costs and pendente lite and future interest at the rate of 4% per annum. On appeal by the defendant the judgment and decree of the trial Court were set aside and the suit was dismissed with costs throughout. The plaintiff aggrieved by the above decision has come up in appeal.

( 2 ) BRIEFLY stated the relevant facts are as follows. A contract was entered into between the parties by means of a telegram for the purchase of 250 bags of peas at the rate of Rs. 37/- per bag, deliverable F. O. R. at Vizianagram, The buyer namely the defendant-respondent indicated in the telegram that the peas should be friable at 6 1/2. This contract was arrived at on the 3rd february, 1962. On the same day a wagon was indented by the plaintiff for the despatch of goods. He received the wagon on 14th February, 1962 and loaded the peas and despatched the peas the same day. The wagon reached Vizianagram on 16th February, 1962, Meanwhile the plaintiff had also sent a Hundi to the defendant and despatched the R. R. (Rai