30 Sept 1976
GILMAN & CO LTD v. YOKOHAMA MUSEN INDUSTRIAL CO
- Citation
- GILMAN & CO LTD v. YOKOHAMA MUSEN INDUSTRIAL CO
- Court
- Court of Appeal
- Case number
- CACV35/1976
On the facts the contract and prior course of dealing created an implied assent by the buyer at contract formation to monthly appropriation by delivery; the deliveries amounted to unconditional appropriation under rule 5(2) and property passed; the words on two delivery slips did not constitute a valid reservation of the right of disposal under s21(1); therefore appellant entitled to recover the contract price of $792 and costs.