Abdul Hamid Et Al., V. Odhavji Anandji & Co., Ltd.

[PRIVY COUNCIL]

1955 Present: Lord Morton of Henryton, Lord
Radcliffe, Lord Keith of Avonholm, Lord Somervell of
Harrow and Mr. L. M. D. de Silva

ABDUL HAMID el al., Appellants, and ODHAVJI ANANDJI
& CO., LTD., Respondents

PRIVY COUNCIL APPEAL NO. 40 OF 1954

S. C. 240-D. C. Colombo, 21,162
 

Sale of (foods-Wrongful refusal to accept the goods- Measure of damages-Special damage-Sale of Goods Ordinance, s. 49.

Where, in a contract of sale of goods, the buyer wrongfully refuses to take delivery of the goods and there is no available market for the rejected goods at the time of the refusal to accept , then the goods may be sold as soon as buyers can be found. In such a case the amounts realised later, if reasonable steps are taken, are the best measure of their value at the date of the breach of contract ; the prima facie measure of damages that can be claimed under section 49 of the Sale of Goods Ordinance is the difference between the contract price and the value at the date of the breach.
.
APPEAL from a judgment of the Supreme Court delivered on March 9, 1953, by Gratiaen J. (Gunasekara J. agreeing).

Jo

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