ABDUL SATHAR SAIT Vs. KUNJU VARKEY

JUDGEMENT

(1.) These appeals are against the decision of the Anjikaimal District Court awarding damages for the non delivery of cocoanuts according to the provisions of Ext. D subsequent to the publication of Ext. K, an order of the Government of Cochin in the Development Department No. 105, dated 29.4.1122. The contention of the appellant is that Ext. D became infructuous with the publication of Ext. K and that the suits should have been dismissed.

(2.) Ext. D is dated 16.10.1121 and it is common ground that it embodies an agreement to sell future goods, that is, the cocoanuts to be harvested from the three items of property mentioned therein during a period of one year from 1.11.1121, the price payable for every 120 nuts being the market price per chothana of cocoanut oil in the Mattancherry bazaar on the dates of delivery plus an additional sum of Re. 1-6-0. Ext. K fixed a ceiling price for cocoanut oil and is in the following terms:-

(3.) Under the Indian Sale of Goods Act, 1930, the term "contract of sale" includes both an actual sale and an agreement to sell, that is, an executory contract of sale as in this case. Sub-s. (3) of S.4 defines the difference between the two as follows:-