Law: Sale of Goods Act (III of 1930)

Section: 2(14),18,20,34

Law: Contract Act (IX of 1872)

Section: 73

  Sale of Goods Act (III of 1930), Ss. 2(14), 18, 20 & 34 Contract for sale of goods-" Specific goods " - When title passes from seller to buyer-Word "whole" in S. 34- Meaning.   From sections 18 and 20 of the Sale of Goods Act, 1930, it is clear that in order to pass title from the seller to the buyer goods must be specific and in deliverable state. If these two conditions are not fulfilled then the title of the goods does not pass by the contract from the seller to the buyer. It is further clear that the title will pass irrespective of the time of payment of price or the time of delivery of- goods when there is uncondi tional contract for sale of goods, identified and agreed upon at the time of the contract of the sale and are in a deliverable state.   Under section 34 of the Sale of Goods Act; .1930, when a part delivery of the goods is made in progress of delivery of the whole, the first delivery will have the effect of the passing the property in such goods, as delivery of the whole, but the delivery of a part of the goods with an intention to severing it from the whole; does not operate as delivery of the remainder or in other words does not pass any title in the remainder to the buyer. The word "whole" in this section means the goods identified as provided in section 20 of the Act or in other words separate distinct entity.   Contract Act (IX of 1872), S. 73-Contract of sale and purchase-Breach-by buyer-Measure of damages-Whether difference in contract price and re-sale price or difference between contract price and prevailing market price on date of breach.   A. K. A. S. Jamal v. Moola Dawood Sons & Co. A I R 1915 P C 48; Erroll Mackay v.. Maharajadhiraj kameshwar Singh and another 36 C W N 1024; A: S. Mackertich v. Nava Coomar Roy 7 C W N 431; M. S. Doraisvami Mudaliar v. P. K. M. Subbanna Chettiar and another A I R 1927 Mad. 880; Moll Schette & Co. v. Luchmi Chand I L R 25 Cal. 505 and I L R 22 All. 55 ref.   JUDGMENT   K. M. HASAN, J.--`This is appeal is at the instance of the plaintiff whose suit was decreed in part.   According to the plaintiff the defendant, an Oil…