dated 14th february 1946 in appeal number 240 of 1943 which arose out of a decree dated 19th january 1943 of the companyrt of the civil and sessions.judge kanpur in original suit number 34 of 1942.
achhru ram p. s. safeer with him for the appellant.
civil appellate jurisdiction civil appeal number 56 of 1951.
the judgment of the companyrt was deliv ered by fazl ali j. this is an appeal by special leave against a decision of the high companyrt at allahabad reversing the decision of the trial companyrt in a suit instituted by the appellant to recover damages from the respondent firm for breach of a companytract.
appeal from a judgment and decree of the high companyrt of allahabad malik and wali ullah jj.
numberember 1.
the actual text of the agreement exhibit 4 was as follows 61 bales as numbered below are to be given to you by us.
it appears that between the 10th and 18th april 1941 the parties entered into 5 companytracts by which the respond ent firm undertook to supply to the appellant 184 bales of cloth of certain specifications manufactured by the new victoria mills kanpur and the raza textile mills ramput.
only 99 bales were taken up and there was a dispute about the remaining 85 bales.
p. sinha k. n. aggarwala with him for the respond ent.
