[PRIVY COUNCIL.]

Present : Viscount Haldane, Lord Wrenbury, and Lord Blaneshurgh.

NOORBHAI et al. v. KARUPPAN CHETTY.

D. C. Colombo, 8,290.

    Contract-Sale of goods-Repudiation of contract-Consensus ad idem.

Plaintiff entered into a contract with defendant to buy sugar at Rs. 37-50 per bag. A few days later, in the course of a letter to the defendant, the plaintiff gave the price as Rs. 34, which the defendant promptly corrected. The defendant declined to deliver the sugar on the ground that the contract wag no longer binding. In an action for damages for breach of contract brought by the plaintiff-

Held, that there had been no repudiation of the contract, as the defendant did not accept plaintiff's attempt to revoke the contract.

APPEAL from a judgment of the Supreme Court.1 The facts are set out in judgment of the Judicial Committee of the Privy Council.

July 13, 1925. Delivered by LORD WRENBURY :-

For brevity the plaintiffs are in the following judgment referred to as the buyer and the defendant as the seller.

This is the buyer's action for damages for breach of a contract for the sale of sugar. He claims repayment of Rs