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Issues: Whether, on the true construction of the written contract, the transaction was a contract for sale of goods or a contract for a work of art, and whether a reference on the proposed questions of law was warranted.
Analysis: The application under section 34(2) sought a reference on questions arising from interpretation of the written contract. The decisive inquiry was the legal character of the contract itself. On examination of the terms, the obligation was to shoot, direct, produce, edit and complete a film with specified artistic elements and deliver the finished negatives and related materials. The dominant feature of the arrangement was the production of a film requiring artistic skill, not a sale of goods. Since the contractual terms overwhelmingly supported that conclusion, no useful purpose would be served by directing a reference.
Conclusion: The contract was not one for sale of goods but for production of a work of art, and the request for reference was rightly rejected.
Ratio Decidendi: Where the true construction of a written contract shows that its dominant object is the production of an artistic work, the transaction is not a sale of goods, and a reference on questions of law need not be directed if the conclusion is overwhelmingly clear.
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