1962 Present:  Sansoni, J., and Sinnetamby, J.

J. E. PERERA

and another, Appellants, and M. M. ZAINUDEEN,
Respondent

S. C. 355-D. C. Colombo, 41,477/M.

Sale of sweep tickets-Term of prescription for recovery of value-Meaning of expressions " chose in action" and " goods "-Sale of Goods Ordinance, s. 59- Prescription Ordinance, ss. S, 10.

The plaintiffs, who were the trustees of the Galle Gymkhana Club, sold to the defendant, a member of the club, 20,000 sweep tickets priced at fifty cents each and sought, in the present action, to recover the value of the tickets. The defendant pleaded prescription.

Held, that the sale was the sale of a chose in action and that section 10, and not section 8, of the Prescription Ordinance was applicable. Section 8 applied only to goods which are capable of being physically delivered and not to the sale of incorporeal things such as a " chose in action ". In the latter case, section 10 applies and the period of prescription would be three years.

APPEAL from a judgment of the District Court, Colombo.

H. V. Perera, Q. C., with P. Navaratnarajah and S. Sharvananda, for the plaintiffs-appellants.

C. Ran