JUDGMENT

1. There are three connected appeals before us today pending between the same parties, namely, Nos. 319 and 183 of 1919 and one other appeal from order which has been admitted by us to-day bat which has not been numbered by the office. This last appeal which we have admitted and No. 186 of 1919 are appeals from orders. The appeal No. 319 of 1919 is a regular first appeal from an ex parte decree.

2. The facts which have given rise to the three appeals are as follows: The parties to the three appeals are the Ramchandra Gur Sahei Cotton Mills Co., Ltd., as plaintiffs, and the Lyalpur Sugar Mills Co., Ltd., through their manager L. Jai Ram Dr, and the Cotton Ginning Factory at Lyalpur through their proprietors L. Mathura Das and Thakur Das as defendants.

3. The plaintiff Company sued for the recovery of Rs. 32,759 8-0 as damages on the allegation that the defendants had promised to supply the plaintiff firm with 320 bales of Lyalpur cotton at Rs. 45 8 0 per maund to be delivered at Lucknow in the months of November and December 1917 and in the month of January 1918. The contract was entered into at Cawnpore on the 14th November 1917. The defendant failed to deliver the goods at t