1The defendant company is the appellant. The suit in the court below was for damages for alleged breach of two contracts for the supply of tea. The plaintiff is a dealer in tea, doing business at Quilon and the defendant company had charge of a tea estate which belonged to the Highland Produce Co. Ltd. The defendant company acted as agents and secretaries of this tea estate.

2The suit is based upon an alleged breach of two distinct contracts relating to two kinds of dust tea. The first was called Pasuppara A Dust and the second Pasuppara No. 2 Dust. The contract with regard to the second quality of goods was Ext. A which was entered into on 4.8.1941. The Trial Court has found that there was no breach relating to this contract and has dismissed the plaintiffs claim arising from this contract. Plaintiff has not appealed.

3With regard to the contract in respect of Pasuppara A Dust the Court below has found in favour of the plaintiff and has passed a decree for Rs. 44674-7-8 as damages for breach of the contract. It is from this decision that the present appeal is brought on behalf of the defendant company.

4The contract in respect of this quality of goods was entered into on 17.12.1941 a