Partnership Act and Sale of Goods Act Cases –

Partnership Act –

1. Bentley v. Craven – Sugar purchased at very low rate by one of the partner and stored
in secret. When firm asked him to give sugar sold it to the firm at market price. Element
of greatest common advantage missing. Profit to be shared among all partners.
2. Whitewell v. Arthur – Partner had paralysis but medic report shown improvements held
that not considered permanently incapacitated.
3. Abbot v. Crump – Strained relationship but no misconduct. Partners wife allegedly
involved with another partner. Court dissolved.
4. Carmichael v. Evans – Travelling in train without ticket considered as misconduct.
5. Snow v. Milford – One partner had adulterous relations with someone. Held not liable
for dissolution. Banking Firm.
6. Cheesemen v. Price – Partner produced erroneous receipts persistently and fabricated
account continuously. Dissolved.
7. Hamlin v. Houston & Co. – 1 partner tried to bribe a clerk. Firm held liable.
8. Blair v Bromley – Client’s money misappropriated and firm held liable.
9. Lover Groove v. Nelson – Consent should be present, irrespective of which mode and
what time it was given.
10. Byrne v Reid – 4 Partners had authorized a partner to nominate his son as a partner
after he is 21 years of age. Nomination not endorsed later by the other partners. Held
son is a partner after accepting the nomination.
11. Blisset v Daniel – Expulsion is possible only where there is a provision in the contract
and in the interest of the firm. Internal politics resulted in expulsion of a partner. HELD
INVALID. Not in the interest of the firm.

Sale of Goods Act Cases –

1. Wallis v. Pratt – Sample of seed and plant shown. Seed sold. Did not match the
description. Held Liable
2. Nichols v. Godts – buyer entitled to reject the delivery of a mixture of foreign rape oil
and hemp oil when sale was on the condition based on pure foreign rape oil.
3. Varley v. Whipp – Description of a reaping machine did not match with the item
delivered. Entitled to reject.
4. Rowland v. Divall – Bike purchased but no good title of seller. Held liable for
compensation.
5. Raghav Menon v. Uttapan Nair – Watch purchased – damaged – repair – again
damaged – wants to repudiate contract - seller says did not mention purpose – no
mentioning of purpose when implied.
6. Priest v Cast – Caveat Emptor doesn’t apply when buyer relied on opinion of the seller.
7. Grant v Australian Knitting Mills Ltd. – Underwear had chemicals that can cause
allergy thus not merchantable quality.
8. Morelli v Fitch & Gibbons – Neck of white wine bottle weak and broke held that not
merchantable.
9. Godley v Perry – Wholesaler indemnified retailer of a defect of a toy after retailer had
reasonably checked for any defects.
10. Agriculture Market Community v Shalimar Chemical Works – Seller loaded goods
to transport from Kerela to AP. Buyer insures goods. Seller held not liable for any future
losses.
11. Bevington v. Dale – Furs delivered to the customers; stolen; according to the custom of
the trade, goods were to be at the risk of the person who ordered them on approval.
Held liable to pay.
12. Derby Hamilton Co. v Barden – Buyer delayed in taking delivery resulted in spoiling
of the apples. Held liable though no transfer of ownership.
13. Folks v. King – A motor car agent sold the car for a less price than instructed and
misappropriated the proceeds. Held buyer had good title.
14. Pearson v. Rose & Young Ltd. – A gave possession of a car in order to ascertain the
price of the car. Agent sold the car. Sale not valid since no good title or authority.
15. Philips v Brooks – Sir George Bullough Case (pledging different from buying)
16. Mason v Birmingham – Second hand typewriter purchased and overhauled for a
substantial cost. Turned out to be a stolen one. Seller liable not only for cost but also for
overhauling charges.
17. Harris v Nickerson – Auction is invitation to offer.
18. Coffee Board v. Famous Coffee and Tea Works – Not bound by highest bid in an
auction