P.S.N.S. AMBALAVANA CHETTIAR AND CO. LTD AND ANR. vs EXPRESS NEWSPAPERS LTD., BOMBAY

The Supreme Court held that under Section 18 of the Indian Sale of Goods Act, property in goods must be ascertained for it to pass, and in this case, the variation of the contract annulled the passing of property, making it a sale of unascertained goods. The court ruled that the respondent had no right to resell the goods under Section 54(2) of the Sale of Goods Act since the property had not passed to the appellants. However, the respondent was entitled to damages under Section 73 of the Indian Contract Act for the difference between the contract price and the market price at the time of repudiation on March 29, 1952.