MacIntyre FJ:

The appellants, the Kabatasan Timber Extraction Company, sued the respondent, a sawmiller, for a sum of $40,129.31 being the alleged balance of the price of 41,069 cubic feet of timber sold and delivered under an agreement dated 6 December 1963. In his defence, the respondent admitted liability to the extent of $2,044.81, but subject to a counterclaim for $37,967.20 for damages arising from a breach of contract by the appellants. The learned trial Judge found that the appellants delivered some 19,173 cubic feet of timber valued at $25,913.80 and that the respondent had paid to account of some sums amounting to $16,041.37, inclusive of an advance deposit of $5,000. Accordingly, he entered judgment for the appellants for the outstanding balance of $9,872.41 and costs. With regard to the counter-claim, the learned Judge awarded damages in the sum of $13,192.40 of which a sum of $12,992.40 was for loss of profit arising out of the failure to supply 10,827 cubic feet of timber being the difference between the quantity agreed to be delivered and the quantity actually delivered; and a sum of $200 for extra cost incurred by the respondent in hiring a tractor to haul