HURBUT JOHN AMIES Vs. JAL PVIRJI

JUDGEMENT

(1.) The plaintiff sues the defendant for damages in respect of a contract for the sale of a motor car.

(2.) The contract is for sale by the defendant to the plaintiff for Rs. 4,000 of which Rs. 1000 had already been paid and the balance was payable in monthly instalments of Rs. 250 on the 5 of May, and of each succeeding month.

(3.) But the contract of sale contained certain very special conditions. These were:-that the buyer will pay instalments punctually ; that after delivery of the car the seller had a right to enter upon the premises where the car was and inspect the car; that the purchaser was not to dispose of the car before the full price was paid; that the purchaser was to insure the car and assign the policy to the seller ; that in default of observance by the buyer of any of the conditions aforesaid the seller had the right to determine the contract and to seize and take possession of the car.