A. P. SRIVASTAVA, J.

( 1 ) THIS is a plaintiffs appeal that arises out of a suit for declaration.

( 2 ) THE plaintiff-appellant is a limited company carrying on the business of manufacturing gunny bags in the district of Gorakhpur. The defendant is a firm of Ghaziabad, district Meerut, dealing in that commodity. In April 1948 the defendant placed an order with the plaintiff for the supply of certain bales of gunny bags but the transaction fell through because no agreement could be arrived at about rates and because the defendant was unwilling to furnish security as desired by the plaintiff. The defendant again wrote to the plaintiff on the 23rd of April 1948 offering to purchase bags of D. W. Kalidhari quality at the rate of Rs. 98/- per hundred bags and D. W. 40/28 quality at the rate of Rs. 102/- per hundred bags. On getting this letter on the 26th of April 1948 the plaintiff replied that the rates were acceptable to it and it was willing to supply 50 bales of the first quality and 50 bales of the second quality, provided other expenses besides the price were paid. Thereafter on the 27th of April 1948 the defendant sent a telegram in which he agreed to purchase the goods offered

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