1913 Present: Pereira J. and Ennis J.

CARUPPEN CHETTY et al. v. HABIBHOY.

191-D. C. Colombo, 33,725.

Contract-Repudiation of contract-Promisee may at his option treat whole contract as at an end and sue for all damages, or treat it as subsisting and sue for portion of damages already incurred- Measure of damages-Res judicata.

Defendant, who agreed to supply the plaintiffs with thirty bales of sarees and dhooties per mensem for one year from September 1, 1910, made default in supplying the bales in the months of October and November. Plaintiffs thereupon instituted an action for damages, and recovered damages (Rs. 1,500) for the two months.

Plaintiffs subsequently brought this action to recover damages for the non-delivery of the bales for the following months.

Held, that plaintiffs were not barred from instituting the present action, as plaintiffs had the option (assuming that defendant had repudiated the contract before the first action) of treating the contract as subsisting and claiming damages for each default, or of treating the whole contract as at an end and claiming damages in respect of the whole contract.

Observatio