K. C. AGRAWAL, J.:- This is a plaintiffs appeal against the judgment and decree of the Second Additional Civil Judge, Aligarh, dt. November 25, 1975, dismissing the suit for damages filed on the ground of non-supply of Saru Zamak.

2. The facts, briefly stated, are these. M/s. Anchor Pressings Private Limited (hereinafter referred to as the plaintiff), is a Company carrying on business, inter alia, of manufacture, distribution, and sale of various kinds of locks and other articles, including zinc locks, and in that connection it requires zinc alloy, which is known by the standard name of Zamak. On November 28, 1972, M/s. Saru Smelting Private Limited (hereinafter referred to as the defendant), which is carrying on the business of manufacture; supply and sale of Zamak, offered during the course of a telephonic talk to supply 100 tonnes of Saru Zamak Ingots to the plaintiff. The defendants offer was accepted by a letter dt. 5th December, 1972 (Ex.=1) by the plaintiff to the defendant. The relevant terms and conditions, on which the agreement had been arrived at were:

SARU ZAMAK INGOTS -

100 tonnes @ Rs. 6.85 per Kg. plus 1 ½ U. P.S. Tax. For Meerut Less actual freight and octro