Supreme Court of India · 1966-03-22
GORDON WOODROFFE & CO. vs SHEIKH M. A. MAJID & CO.
- Citation / case number
- SC 1964/90299
- Court
- Supreme Court of India
- Petitioner
- GORDON WOODROFFE & CO.
- Respondent
- SHEIKH M. A. MAJID & CO.
- Bench
- RAMASWAMI
Judgment text excerpt
The Supreme Court held that the appellant was not an agent of the respondent but rather a purchaser of goods under several contracts, thus overturning the High Court's decision. The Court clarified that the essence of a sale involves the transfer of title to goods, while an agency to sell involves the agent selling goods on behalf of the principal. The Court found that the terms of the contracts and the course of dealings indicated an outright sale rather than an agency relationship, and therefore, the respondent could not reopen the settled account.