JUDGMENT

Dalip Singh, J. - --The plaintiffs in this case sued the defendants alleging a contract, dated 27th August 1918, on which the defendants had agreed to purchase 13 bales of red shirting No. 1100 of the office of Gordhan Das Ram Gopal at the rate of Rs. 11-9 per yd. the due date being 7th October 1918. The plaintiffs alleged further that they had duly sent to the defendants a memo showing the price of goods and containing the numbers of the bales contracted for and had thus appropriated certain goods to the contract and the defendants had neither tendered money for the goods contracted nor taken delivery and the plaintiffs had thereupon moved the Hindustani Merchantile Association and the defendants had thereupon agreed to pay the money and take the goods but had failed to do so and the plaintiffs had, therefore, resold the goods by public auction on 13th November 1918. The plaintiff's, therefore, sued the defendants for Rs. 12,359-9-6 as short proceeds. They also in the alternative pleaded for damages on account of breach of the contract and for interest of Rs. 2,047-6-0 at the market rate of 10 per cent per mensem according to the terms of the contract, usage and the notice