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Ramjivan Nevatia Vs. H. Bhikaji and Co. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtMumbai
Decided On
Judge
Reported in(1924)26BOMLR442
AppellantRamjivan Nevatia
RespondentH. Bhikaji and Co.
DispositionAppeal dismissed
Excerpt:
contract for sale of goods - contract to buy bales of cloth of certain kind bearing certain numbers--numbers on bales not essential part of the contract as understood by the parties--refusal by the defendants to take delivery of bales bearing numbers different from the numbers mentioned in the contract--defendant liable to take delivery as the quality of the cloth tendered was according to the contract--damages.;the defendants entered into a contract with the plaintiffs for the purchase of ninety-two bales of cloth of a certain mill under manufacture. the description of the goods was as follows-fifteen bales no. 732 lbs 5-14; twenty-bales no. 736 lbs. 6-11; ten bales no. 139 lbs. 7-4; thirty-eight bales no. 141 lbs. 7-10. the defendant accepted delivery orders for forty-one bales. they,..........pieces in each bale. when the bales passed out of their hands, they were merely reference numbers. it would have been just the same if the numbers had been 501 and 502. there was no evidence that it was recognised in the market that the last two digits in the number of a bale would indicate the width of each piece.2. in their lordships' view, the numbers, when so put on, indicate really nothing except the fact that the purchaser has purchased these particular goods. they do not give any warranty or indication of the quality or description.3. their lordships will, therefore, humbly advise his majesty that the appeal fails; that the decree of the high court should be affirmed and this appeal dismissed with costs.
Judgment:

Atkinson, J.

1. Their Lordships have carefully considered this case during the adjournment, and they do not think it necessary to call upon counsel for the respondents. They think it is clear upon the facts that the first purchaser of these goods can get any number put upon them which he pleases; that is to say, that the owner of goods in the hands of a millowner can have this done. When the numbers are attached to the goods in that, way, the view their Lordships entertain is correctly expressed in the judgment of the High Court printed at p. 45 of the record:--

The numbers put by the mills on the bales at the request of the original purchasers would convey no meaning to an outsider. To Ghya and Company they indicated the width of the pieces in each bale. When the bales passed out of their hands, they were merely reference numbers. It would have been just the same if the numbers had been 501 and 502. There was no evidence that it was recognised in the market that the last two digits in the number of a bale would indicate the width of each piece.

2. In their Lordships' view, the numbers, when so put on, indicate really nothing except the fact that the purchaser has purchased these particular goods. They do not give any warranty or indication of the quality or description.

3. Their Lordships will, therefore, humbly advise His Majesty that the appeal fails; that the decree of the High Court should be affirmed and this appeal dismissed with costs.


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