( 1 ) THIS is an appeal by the defendant, from the judgment of the learned Civil judge decreeing the plaintiff-respondent's suit for damages for nondelivery of part of the cotton seed produced by the defendant in his textile mill, in the ginning season of 1948, and contracted to be sold to him. The allegation was that having agreed to deliver all the cotton seed of that season of the variety called 'malvi' at an agreed price, the defendant actually sold only 300 Manis (or 1200 bags) out of a production of 800 manis or (3200 bags ). By the time the defendant persisted in his refusal in spite of the plaintiff's notice, the price had gone up; the latter claimed and obtained a decree for damages on this breach on the basis of the price on the day of the final refusal which was 1-3-1949. The following questions arose for consideration; (i) whether the agreement was for the delivery of 300 manis only or for the entire production of the season; (ii) whether the quantity withheld was 2000 bags (weight 500 manis) as given out by the plaintiff and (iii)whether the difference in price was as set out by the plaintiff. But the defendant restricted his attack to the first only. In a