Present: Fisher C.J. and Akbar J.

HETTIARATCHI v. TERUNNANSE.

359-D. C. Kurunegala, 12,907.

Sale of goods-Contract for transfer of car-Payment of value within one month-Breach of agreement-Cause of action-Ordinance No. 11 of 1896, s. 18, rule 4.

An agreement for the sale of a car provided for the payment of its value within one month, when the seller undertook to transfer his interest in the car. On failure thereof, the purchaser agreed to return the car, paying a penalty.

Held, that the property in the car did not pass to the purchaser, unless the price was paid within the month and the transfer taken.

Where the seller sued for the recovery of the value of the car on the assumption that there had been a completed contract of sale,-

Held, that the. plaintiff's cause of action was a ,breach of contract.

APPEAL from a judgment of the District Judge of Kurunegala.

De Zoysa, K.C. (with Ameresekera). for defendant, appellant.

H. V. Perera (with Abeysekera), for plaintiff, respondent.

March 4, 1930. FISHER C.J.-

In this case the learned District Judge gave judgment for the plaintiff for Rs. 2,000, being the price of a motor car al