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2025 Supreme(Online)(Mad) 74671

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Kumaraswami Sastri, J
Swami & Co – Appellant
Versus
Nukala Venkatasuhbiah – Respondent


Advocates:
For the Appellants/Petitioners: Vakil
For the Respondents: Vakil

Table of Content
1. nature of the contract and conditions of shipment. (Para 1 , 2 , 3)
2. contestation on shipment conditions and contractual obligations. (Para 4 , 5)
3. legal interpretations of breach implications. (Para 6 , 7 , 8)
4. conclusion on breach and court's agreement with lower court. (Para 9 , 10)
5. result of the appeal. (Para 11)

JUDGMENT

1. In this appeal the plaintiffs are the appellants from a judgment of Kumaraswami Sastri, J. whereby he awarded damages in respect of the bales of yarn part of the subject-matter of the contract in question Exhibit A. The appellants' complaint is that the learned Judge did not award them damages on eight bales.

2. The contract, Exhibit A, provides, inter alia, that the buyer (the defendant) should purchase from the sellers (plaintiffs) certain goods for July, August and September, 1918, the goods to be delivered on steamer at Madras, and by the particulars annexed to the printed contract we find that the goods referred to “ten bales of 400 lbs. each Japan 44 mull yarn, warship ticket, delivery in three shipments commencing July 1918 at Japan, green tie.” The original of these particulars which are written in ink contains the word “equal”

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