Counsel for the parties agreed before us that March 29, 1952 was the date when the appellants repudiated the companytract.
165 and 166 01 1965.
On April 21, 1952 after giving numberice to the appellants the respondent resold the balance goods to one G.R. Lala at 61/2 annas per lb.
Appeals from the judgment and decree dated May 7, 1960 of the Madras High Court in O.S.A. Nos.
On April 18, 1952, the appellants filed in the High Court of Madras C.S. No.
On July 30, 1952, the respondent filed in the High Court of Madras C.S. No.
From November 29, 1951 up to February 27, 1952, the appellants took delivery of 122324 lbs.
175 of 1952 claiming from the respondent Rs.
of newsprint in sheets on payment of.
V. Gupte, Naunit Lal and R. Thiagarajan, for the appellants in both the appeals .
On December 5, 1951, the respondent took delivery of 300 tons of newsprint in reels on payment of Rs.
The understanding was that the appellants would within a reasonable time take delivery of the goods bought by them in instalments and the accounts would be finally adjusted on the companypletion the deliveries.
57,816 13 2 on account of the balance price of 300 tons of newsprint in reels and interest thereon.
Subsequently, the appellants refused to take delivery of the balance 547501 lbs.
of newsprint in sheets.
On November 26, 1951, the parties orally agreed that instead of 500 tons the respondent would buy 300 tons of newsprint in reels and that instead of 415 tons the appellants would buy 300 tons of newsprint in sheets and the terms of the companytract dated November 13, 1951 would stand varied accordingly.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
2 carried on business under the name and style of Madras Paper Marketing Company.
262 of 1952 claiming a decree for Rs.The respondent admitted the claim for the balance price.
57,816 13 2 remained due to the appellants on account of the price of these goods.
63,032 15 9 to the respondent.
1 and set out below Messrs. P.S.N.S. Ambalavana Chettiar and Company Ltd., 260, Angappa Naicken Street, Madras.
The Judgment of the Court was delivered by Bachawat, J. The dispute arises out of a companytract between the appellants and the respondent entered into on November 13, 1951.
15 per cent in reels of 22 inches width.
C. Chatterjee, S. Balakrishnan for R. Ganapathy lyer, for the respondent in both the appeals .
25 and 52 of 1956.
The terms of this companytract were recorded in writing in the form of a letter written by the respondent to appellant No.
at annas 9 per lb.
3,18,706 9 10 and a sum of Rs.
15 per cent in reels of 36 inches width.
