BAPUJI SORABJI FRAMJI Vs. CLAN LINE STEAMERS LTD

JUDGEMENT

(1.) The first question which has been argued in this case is whether at the time when Lloyd and Co. gave a notice to the " Clan Macleod" at Liverpool on the 9 of April 1907, to stop the goods which they had despatched under a contract of sale to Millerson & Co. the goods were in transit or had reached the possession of Millerson & Co. or any person on their behalf.

(2.) The contract for the sale of the 250 cases supplied by Lloyd & Co. was made in England and the obligations incidental to that contract must be decided according to the law of England.

(3.) Section 45 (1) of the Sale of Goods Act, 1893, is as follows :- Goods are deemed to be in course of transit from the time when they are delivered to a carrier by land or water or other bailee or custodian for the purposes of transmission to the buyer until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee or custodian.