J. P. Boro Of Yenogoa V. S. A. Kenedy & Anor (1955)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Sale of goods—written contract—unascertained goods—when property passes

Facts

This case arose from a written contract for the sale of timber. The appellant claimed he was entitled to be paid for the balance of a quantity of timber sold and delivered by him to the respondents. The case depended on the question as to when the property in the timber passed.

The trial Judge held that the sale was only complete when the timber had been delivered to and measured by the respondent.

Held

The Court upheld the judgment of the Court below and found that according to the written agreement the sale was not complete until the timber had been delivered and measured, and until this was done the transfer of the property did not take place.

Appeal dismissed.