Sale of Goods

Goods can be sold after due notice to the owner by public auction or tender or private offer or with the consent of owner in writing, in any other manner

No other manner has been provided/prescribed by Legislature.

Property in goods, would not pass to a person when sale of such property is at negotiating stage.

Plea raised that after having sold goods, respondent could only sue for recovery of price and not for possession of goods

Prayer in suit/decree being for recovery of goods or price in alternative, and buyer being ready to pay price, petitioner-buyer, held, free to discharge his liability by paying price to respondent in execution of decree

Matter requiring no interference by Supreme Court, petition dismissed.

Ss. 54 & 73-Sale of goods-Breach of contract-Goods being not received as per contract, information sought from foreign company, supplied-Foreign company acknowledging receipt of such letter informing through telegram of arrangements being in progress for shipping of goods and respondents assured with regard to responsibility of Foreign company in such regard-Shippers hence, held, being still in process of making arrangements for shipment of goods, respondents having been directly dealing with shippers being conscious of their obligations and entitlement under C. I. F. Contract, without recourse to sellers findings making appellant liable on such evidence, held, not sustainable.

Sale of Goods -Earnest money - Contract of sale of goods-Buyer alleging breach and filing suit for recovery of (i) advance deposit; (ii) loss and (iii) interest-Trial Court dismissing suit but at same time holding that seller was not entitled to forfeit advance and yet granting no decree for refund of deposit-Amount of earnest money, held, recoverable.

Sale of goods-Earnest money part of purchase price-"Earnest money" and "advance deposit" Synonymous-Liable to forfeiture if transaction falls through by reason of fouls or failure of vendee-Contract Act (IX of 1872), S. 74.

Sale of Goods Buyer rejecting goods on wrong ground-Not precluded from relying on ground well founded and correct.

S. 16 (2)-Sale of goods Purchaser has right to expect only saleable goods - Warranty of merchantability implied.

Merchantability, implied condition of sale and not merely warranty-Goods supplied to buyer, not in conformity with contract-Mere fact that buyer on delivery resold goods-Not enough to establish goods to be merchantable-Buyer, in certain circumstances, can reject goods and at same time resell them-Re-sale of goods in such circumstances

Not indication of exercise of dominion inconsistently with ownership of seller -Sale of Goods Act (111 of 1930), Ss. 16 (2) & 59-Contract Act (IX of 1872), S. 73 Explanation.

Sale of Goods Bilti Cut transaction-Meaning.

Contract Act (IX of 1872), S. 176.

Sale of Goods Sale is of "specified" goods when goods are "identified" and "ascertained"-Sale of goods in process of "being imported"

Not sale of "specified" goods-Sale of Goods Act (III of 1930), S. 19 (1).

Sale of Goods Sales of goods-Packing materials-Bleaching or dyeing of unbleached yarn and cloth-Charges for packing and cost of packing materials not shown separately in bills-Whether sale turnover of packing materials can be assessed to tax-Profit making motive for packing materials-Whether necessary [Madras General Sales Tax Act (IX of 1939), S. 2 (h), (i)].