1944 Present: Howard C.J. and Wijeyewardene J.

AMARASURIYA, Appellant, and DON ELARIS, Respondent.

14-D. C. Colombo, 13,454.

Contract-Sale of chests for immediate delivery-Agreement for postponement of delivery-No variation of contract-Measure of damages.

The plaintiff bought of the defendant five thousand chests on contract notes dated June 11, 1941, and June 30, 1941, delivery of the chests to be immediate.

On plaintiff's request for delivery within the period of the contract, the defendant asked for an extension of the time of delivery and the plaintiff agreed to a postponement of delivery till September, 1941.

Held (in an action by plaintiff for damages for breach of contract), that the original contract was unaltered and that the new arrangement with regard to delivery had reference' only to the mode of performing it.

Held, further, that the plaintiff was entitled to damages assessed on the basis of the difference between the contract price and the market price in September, 1941.

APPEAL from a judgment of the District Judge of Colombo.

C. Thiagalingam (with him E. F. N. Gratiaen), for the defendant, appellant.

H. V. Per