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1961 Supreme(Guj) 19

P.N.BHAGWATI
SHAH MOHANLAL MANILAL – Appellant
Versus
FIRM OF DHIRUBHAI BAVAJIBHAI – Respondent


Advocates Appeared: MAGANBHAI R.BAROT, VITTHALBHAI PATEL

P. N. BHAGWATI, J.

( 1 ) THIS Second Appeal raises a short question of law regarding the right of a buyer to reject goods taken delivery of by him from the seller and supplied by him to his sub-purchases before he has had a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. the facts which are admitted or found to have been proved by the first appellate Court may be briefly stated as follows. On or about 24/03/1952 a contract was entered into between the plaintiffs and the defendant whereby the plaintiffs agreed to sell to the defendant one wagon load of pure dundi coal at the rate of Rs. 2-1-3 per deshi maund. The plaintiffs despatched to the defendant under the contract 397 bags containing 345 Bengali maunds of coal on 1/05/1952. The plaintiffs thereafter delivered the railway receipt in respect of the consignment to the defendant on 3/05/1952 against payment of a cheque for Rs. 1 0 and Rs. 100/in cash. The consignment was received by the defendant at Baroda on 6/05/1952. It appears that on the strength of the contract with the plaintiffs the defendant had entered into contracts with various sub-purchaser




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