AIR 1952 CALCUTTA 740

Calcutta High Court

Hon'ble Judge(s): Harries , C.J. AND Gopendra Nath Das, B. P. Banerjee , JJ

(A) Sale of Goods Act (3 of 1930) , S.33— Delivery- Symbolic and constructive - Instances. Where A sells to B certain specific goods which are locked in a godown and A gives the key to B, it is a symbolic delivery as the delivery of the key to B gives B actual control of the place where the goods are and thereby of the goods themselves.(Para 29) When A Bells goods to B in possession of C, a warehouseman and subsequently all the three agree that C should hold the goods for B, the delivery is called constructive delivery. There is no change in the actual and visible custody of the goods. But from the moment of the agreement the warehouseman is bound to give actual delivery whenever he is called upon by the buyer B to do so. The agreement which is called "agreement of attornment" has the effect of transferring legal possession of the goods to the buyer.(Para 30) Anno : Sale of Goods Act, S. 33, N. 1. (B) West Bengal Jute Goods Future Ordinance (5 of 1949) , S.3(2)(c)(i)— Applicability - Both parties habitual dealers - Contract not within S.3(2)(c)(i). It is only when both the buyer and the seller are habitual dealers in the sale or purchase of jute goods involving the actual delivery of possession, t....