Passing of property in unascertained goods depends on completion of selection and weighment before title transfers.

In a sale of unascertained goods governed by local trade usage, property passes only when the contractual process for ascertaining and accepting the goods is completed and the parties intend title to transfer. The pleaded express contract was not proved, so the Chandpur trade practice controlled. Evidence showed that the jute had to be examined, selected, weighed and, where necessary, dried before the sale was treated as complete. On those facts, title had not passed before the fire, the risk remained with the seller, and the seller's claim failed.

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Issues: Whether property in the jute had passed to the defendants before the fire so that the loss fell on the defendants or remained with the plaintiffs.

Analysis: The express contract pleaded by the plaintiffs was not proved, and the dealings were therefore governed by the local usage of trade at Chandpur. The evidence established that jute was first examined, selected and weighed by the buying firm before the sale was treated as complete. Under the governing principles on sale of goods, where goods are unascertained, or where something remains to be done to ascertain price or bring the goods into a state of acceptance, property does not pass until the parties intend it to pass. The surrounding facts, including the practice of selection, weighment, drying of wet jute, and the entries made by the parties themselves, showed that the sale was not complete until that process was finished.

Conclusion: Property in the jute had not passed to the defendants before the fire, so the plaintiffs had to bear the loss and their claim failed.

Ratio Decidendi: In a sale of unascertained goods governed by trade usage, property passes only when the contractual process of selection and weighment is completed and the parties intend ownership to transfer; until then, the risk remains with the seller.

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