https://www.taxtmi.com/caselaws?id=313153 Where a written sale agreement showed the seller's intention to retain control until full payment, property in the motor car did not pass on delivery despite Section 78 of the Indian Contract Act. No express warranty that the car was new or in perfect order was proved, but an implied warranty of reasonable fitness for use as a motor car was recognised and was breached by repeated mechanical defects and the car's unsatisfactory condition. Damages were awarded to the buyer for that breach, while the seller succeeded on the counter-claim only to the extent of properly proved repair charges and damages for instalment default. en-us Mon, 26 Feb 1923 00:00:00 +0530 Thu, 28 Mar 2024 14:37:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313153 Where a written sale agreement showed the seller's intention to retain control until full payment, property in the motor car did not pass on delivery despite Section 78 of the Indian Contract Act. No express warranty that the car was new or in perfect order was proved, but an implied warranty of reasonable fitness for use as a motor car was recognised and was breached by repeated mechanical defects and the car's unsatisfactory condition. Damages were awarded to the buyer for that breach, while the seller succeeded on the counter-claim only to the extent of properly proved repair charges and damages for instalment default. Case-Laws Indian Laws Mon, 26 Feb 1923 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313153