Law:

Section:

Contract Act (IX of 1872)-------S. 73-Breach of contract ­Damages-Contract with respect to commodities to be imported under U. S. Economic Aid-Under notification issued by Government such contract deemed finalised only when prices approvers' by Director-General of Supply and Development-F holding import licence of value of Rs. 22,000 making offer to purchase certain type of cotton threads for Rs. 21.999 from C-C or: 27-7-1955 accepting order and asking E to obtain Textile Commissioner's approval to the prices as required by law-Pakistan currency, meanwhile, devalued on 1-8-1955 and C demanding Rs. 31,350 as purchase price in accordance with new rupee vale-E refusing to pay enhanced value and filing suit for damages on account of breach of contract claiming that contract stood concluded on 27-7-1955 and contract price remained unaffected on devaluation on 1-8-1955­ Held : Claim was untenable ; contract was to be finalised only on prices being approved by Textile Commissioner in accordance with law ; price quoted by C having been withdrawn on devaluation even subsequent approval of original price by Textile Commissioner did not revive contract. Ghulam Hafiz, Senior Advocate Supreme court (K. M. Subhan, Advocate Supreme Court with him) instructed by Huq ­Rab & Co., Attorneys for Appellant. Akhtaruddin Ahmad, Advocate Supreme Court instructed by S. S. Hoda, Attorney for Respondent. Date of hearing : 30th October 1967. JUDGMENT FAZLE-AKBAR. J.-This appeal, by special leave, arises out of a suit brought by the plaintiff-appellant Messrs Ebram Corporation for recovery of Rs. 11,695 as damages for breach of a contract by the respondents, the Central Agency Ltd. The suit was dismissed by the Subordinate Judge, 3rd Court Dacca, and the judgment and decree passed by him were affirmed on appeal by the High Court of East Pakistan. The case of the plaintiff Messrs Ebram Corporation hereinafter referred to as the Corporation was that they made an offer for purchase of certain type of cotton thread for Rs. 21,999-7-0 from the defendants, the Central Agency Ltd., hereinafter referred to as the Company and the said offer was accepted by them on certain terms and conditions.…

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