Contract Of Sale Case Study

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under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. (2) Where under a contract of sale the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. So it can concluded from the above section that where buyer wrongfully neglects or refuses to pay the payment of goods even the possession of goods is to him than the seller may sue him for the price of goods as the damages. And where goods are sold for a particular amount and the payment has to be made partly in cash and partly in kind, the default if made in kind entitles the seller to sue for the remainder of the price . In the case of Colley V. Overseas Exporters there was a contract for the sale of some unascertained leather goods to the buyer f.o.b Liverpool .In this case, though the seller sent the …show more content…

This can be seen in Dunlop v Grote, according to the facts of the case, there was a contract for the delivery of Iron between 3rd March and 30th April as per the requirements of the buyer. The price was to be paid on the 30th of April. However, only a part of the consignment was received by the buyer on April 30th as he did not require anymore. In the action brought by the seller, it was held that the seller could recover the whole price and was not required to show that the goods were appropriated to the

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