Question

solve:
X sold to Y all 700 bags of cement lying in his Delhi godown State the legal position
(I) if unknown to X, all bags had been stolen before the contract was made,
(II) if unknown to X, the cement had becomes stone as a result of heavy rain fall,
(Ill) if unknown to X, 109 bags had been stolen at the time of making the contract.

Answer 1

Solution:
Case I: The contract, is void because the goods have perished before making of the contract.
Case II: The contract is void because the goods became so damaged as no longer to answer to their description
Case III: The contract has become void and Y cannot be compelled to accept 591 bags because the contract was indivisible Barrow Lane & Ballard Ltd v. Phillips & Co]