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Question

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X entered into on a contract for the sale of 100 bags of wheat out of Rs. 1,000 bags lying in his godown. Unknown to X, the entire stock was destroyed by fire. X declined to deliver. State the legal position.

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Solution

Solution:
Relevant SectionSection 7
DecisionX must deliver 100 bags of wheat or pay damages for the breach.
ReasonThere was a contract for the sale. of unascertained goods and not specific goods and hence the contract did not become void.

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