https://www.taxtmi.com/caselaws?id=174552 A variation of a sale contract converted the subject-matter from specific goods in an identified stock to unascertained goods within a larger mass. Because no appropriation of the required quantity with the buyers' consent had occurred before resale, property had not passed and the seller could not invoke the unpaid seller's statutory right of resale under the Sale of Goods Act, 1930. The attempted resale therefore was not valid under section 54(2). The seller's remedy was limited to ordinary contractual damages for refusal to accept delivery, assessed by the difference between the contract price and the market price on the date of breach. en-us Fri, 10 Nov 1967 00:00:00 +0530 Thu, 12 Nov 2015 11:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174552 A variation of a sale contract converted the subject-matter from specific goods in an identified stock to unascertained goods within a larger mass. Because no appropriation of the required quantity with the buyers' consent had occurred before resale, property had not passed and the seller could not invoke the unpaid seller's statutory right of resale under the Sale of Goods Act, 1930. The attempted resale therefore was not valid under section 54(2). The seller's remedy was limited to ordinary contractual damages for refusal to accept delivery, assessed by the difference between the contract price and the market price on the date of breach. Case-Laws VAT and Sales Tax Fri, 10 Nov 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174552