1971 (6) TMI 51

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...., the petitioner prays for, a direction for having two questions of law referred to this court. The two questions, as framed, are, without a doubt, questions of law as they involve the construction of a contract in writing. Both the questions turn on a determination whether the contract, on its true construction, was a contract for sale of goods or whether it was for a work of art. The contract is....

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.... the picture stipulated for in the contract was really a production of a work of art which really involved the skill of an artiste. Under the circumstances, although construction of a document would be a question of law, and it would be so in this case also, we are satisfied that, on a construction of the contract, the reasons for holding that the contract was for a work of art are so overwhelming....