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ASSAM AND NAGALAND HIGH COURT
Dutta, J, , CJ
Shri G.N. Behere – Appellant
Versus
M/s N.B. Rice Mills – Respondent
| Table of Content |
|---|
| 1. basic facts and parties involved in the contract. (Para 1 , 19) |
| 2. dispute regarding breach of contract and claims for recovery. (Para 2 , 5 , 20) |
| 3. conditions under the sale of goods act regarding quality and transfer of title. (Para 8 , 12 , 14) |
| 4. assessment of whether the breach justified repudiation of the contract. (Para 15 , 16) |
| 5. conclusion of appeal and ruling by the court. (Para 27) |
1. This is defendant's appeal arising out a suit for recovery of Rs. 1,096. Briefly the facts are that the plaintiff respondent is a firm registered under the Partner ship Act and carries on rice and oil mill business at Bongaigaon Defendant No. 1 Shri G.N. Behere is the sole proprietor of Messrs Behere Industrial Works carrying on business at Dahanu Road. District Thana in State of Bombay Defendant No. 2 Jain Trading Corporation who carries on business in Calcutta, is the sole agent of the machineries manufactured by defendant No. 1 in Assam. On the 25th May 1957 the plaintiff placed an order for supply of one piece 45 compartment for paddy separator zigzag box complete with hopper and delivery pipes with both side axes and two brackets for both side axes with defendant No. 1.
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