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1926 (11) TMI 7

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..... acted to supply it to the Amritsar Medical School. The articles were to be supplied by the 15th March, but an extension was given up to the 19th March. The defendant did not, however, supply the goods until the 20th April, and when he supplied them they were rejected by the Medical School authorities. On the 1st July 1925 Chand Bahadur instituted a suit from which this appeal arises, against Kirpa .....

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..... ken to do with iron legs for them. As regards the other articles the defendant pleaded that they had been supplied in time and had been of proper quality. 3. The first Court decreed a sum of ₹ 786-8-0 being ₹ 486 spent on purchase of benches and repairs and ₹ 300 damages for the payment of which the contract provided. This amount was reduced to ₹ 666-8-0 on appeal by the .....

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..... faction of the Medical-School, and thirdly, that the evidence shows that the goods supplied were passed by the plaintiff as acceptable. 4. As regards the first contention : I find that the judgment of the lower appellate Court makes no reference to the points referred to in Mr. Harbhajan Das's final contention. It must be assumed that the matters were not brought to the notice of the lower .....

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..... ind it proved by Mr. Longman's evidence that the iron legs for the benches were duly furnished to the defendant. As regards the rest of the goods it is proved that they were supplied a month late and I find no justification for Mr. Harbhajan Das arguments that they must have been accepted as satisfactory because the plaintiffs advanced ₹ 50 in part payment to the defendant on the 20th Ap .....

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