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HAJI M. ZAKARIA & CO. versus PROVINCE OF SIND


_ Section 73 read with the Sale of Goods Act (Ill 1930 of Ill), Section Dama 56 Applicants accept a large part of the goods by contracting a contract to buy goods for export abroad with respondents. Neglecting to Pay and Paying Differences in timely export price formula for determining the amount of contract and breach of contract, holding, damages [damages]

1981 C L C 615

[Karachi]

Before Abdul Hayee Kureshi and Sajjad Ali Shah, JJ

MESSRS HAJI M. ZAKARIA & Co.‑Appellant

versus

THE PROVINCE OF SIND‑Respondent

Letters Patent Appeal No. 174 of 1970, decided on 5th January, 1980.

(a) Contract Act (IX of 1872)‑

_‑‑‑‑ S. 73 read with Sale of Goods Act (Ill of 1930), S. 56‑Damages Measure of‑Appellants entering into agreement with respondents to buy goods for export to foreign country‑Appellants neglecting to accept and pay for major portion of goods‑Difference between export price at time of breach of contract and contract price, held, formula applicable for determining quantum of damages. [Damages].

(b) Evidence Act (I of 1872)---

‑ S. 60‑Telegram‑Admissibility‑Sender of telegram not examined in Court‑Contents of telegram, held, not proved and telegram in admissible in evidence.

(c) Evidence Act (I of 1872)‑

S.----60‑Newspaper‑Admissibility‑Mere production of newspaper without examining any witness, held, does not prove contents of newspaper and copy of newspaper rightly rejected to be admitted in evidence.

Ali Ahmed Fazeel for Appellant.

Usman Ghani A. Rashid, A.‑G. (Sind) for Respondent.

Date of hearing : 20th November, 1979.

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