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Motilal Srinivasa Sarda vs The Netha Co-Operative Spinning Mills ... on 6 August, 1974 cites

N.M. Rayulu Aiyar And Nagasami Aiyar And ... vs Thirukonda M. Kuppu Aiyar And Sons By One ... on 19 August, 1924

18. The learned Counsel for the appellant had relied upon Rayulu Aiyar V. Kuppu Aiyar and Sons, AIR 1925 Mad 974. In that case, there was a contract dated 20-8-1918. The plaintiffs had to supply to the defendants at Madura 50 bales of 20 count yarn from the factory. Under the terms and conditions provided in the contract, there was no time fixed for the performance of the contract. It was therefore the plaintiff's duty to supply 50 bales within a reasonable time. The plaintiffs gave a notice on 23-9-1913 that 20 bales were ready for delivery at Madura and again informed the defendants on 21st October. 1918 that the remaining 30 bales were ready for delivery The defendants had taken 5 bales on 5-10-1918 out of the first lot of 20 bales and another 5 bales out of the same lot on 14-12-1918. The defendants did not take delivery of the remaining ten bales of the first lot of 20 bales or of the second lot of 30 bales. In fact the defendants did not inspect the remaining 40 bales which was the subject-matter of the contract. Nor did they send to the plaintiffs any written communication about them. There was evidence in the case that out of the 10 bales which the defendants had taken delivery of the yarn was not of the contract description. Their Lordship observed that it was clear that the defendants by their conduct refused to accept the 40 bales tendered by the plaintiffs without even troubling to inspect them or to ascertain whether they were or were not of the contract description. The defendants were therefore held guilty of breach of the contract for which the plaintiffs were entitled to damages
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