...follow that there is an implied condition in the contract of sale that the goods shall be of merchantable quality. The expression “merchantable quality” has not been defined in the Act nor has any...defects, and that the car was not in fact fit for the purpose for which it had been purchased and was not of a merchantable quality. The trial Court also found that the manufacturers' limited guarantee had...accepted that the article Was unmerchantable ab initio. The matter may be viewed from another aspect also. The merchantable quality implied by the second exception may be regarded as part of the...

...of subsection 2, be it a sale by description, there is an implied condition that the goods shall be of merchantable quality. The term "merchantable quality" has not been defined under the...he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that, if the buyer has examined the goods, there...another explanation of the phrase ''''''''merchantable quality'''''''' which I would like to quote here: "The phrase in Section 14(2) is, in my opinion...

...16(2) I am also unable to share the same view with the learned trial Judge that Section 16(2) does not apply. In my view it does. The goods supplied by the seller were not of merchantable quality. It is true that ...not entitled to invoke the implied condition of “merchantable quality” under Section 16(2) of the Act. On behalf of the appellant, the Port Commissioners later on (substituted in the appeal as The Board...(whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality:—Provided that, if the buyer has examined the goods...

...Contract A in the Appendix reads as follows:“MessrsWe have this day … you the following Chinese wolfram ore of good merchantable quality...merchantable quality contains a minimum of 65 per cent WO3.Wolfram bearing material as mined, contains frequently less than 0.5 per cent of WO3 and as much as a...for the appellant that the normally acceptable merchantable quality of wolfram or tungsten contains a minimum 65 per cent WO3. This is the usable ore and it is in that sense that it is commercially...

...not of merchantable quality, the impugned provisions unreasonably obligate the purchaser to pay royalty for 75 per cent of the estimated yield irrespective of whether the shortfall in the quantity...would be fit for manufacture of bidis; that is to say, the leaves would be of merchantable quality. Clause 4(bb) therefore, is inconsistent with and repugnant to Section 9(1), proviso, of the Act and...manufacturers of bidis. Under its scheme, a specified area of Kendu leaves is divided into units. The “grower” is defined as “a grower who holds lands on which Kendu plants grow or who is in possession...

...pursuant to the contract were found to be damaged by white ants and not of merchantable quality. Mr. M. D. Devadoss in appeal, has raised a fresh point that Sect. 113 Indian Contract Act..., does not mean that in the case of sales by description and sales by sample there is the same; warranty that the goods are of merchantable quality as is provided in Sects. 14...Sale of Goods Act, which uses the words “merchantable quality.” But the first illustration to Sect. 113, Indian Contract Act,...

...condition that the goods shall be of merchantable quality, was that condition complied with? secondly, if the express provision in the contract “to be fair average quality” should prevail, did the goods...in the contract? The same idea may be expressed differently by stating, that the term that the goods shall be of merchantable quality is fulfilled, when they do not differ from the normal quality of...condition that the goods shall be of merchantable quality;Provided that, if the buyer has examined the goods, there shall be no implied condition as regards the defects which such...

...that the goods did not answer the description under which they were sold and were not of merchantable quality. The respondent contested the claim and stated that the appellant had inspection of the...reason that the respondent was not a person dealing in such goods the learned Judge rejected the case based on absence on merchantable quality in the goods tendered. In the result the appeal was allowed...were not of a merchantable quality. There was but a vague denial of averment in the written statement. In Ex. A. 5, a letter written by the appellant to the respondents on 12-2-1949, it was...

...derived from the extraction of ore from the soil of New South Wales Colony, and from the conversion in the latter colony of the crude ore into a merchantable product, this income was assessable under the...income — (i) the extraction of the ore from the soil; (2) the conversion of the crude ore into a merchantable product, which is a manufacturing process; (3) the sale of the merchantable product; (4) the...) the sale of the merchantable product, and those have to be apportioned between these three operations. The same line of reasoning was adopted by the Madras High Court in Bangalore Woollen...

...of the land which are agreed to be severed before sale or under the contract of sale and also includes motor spirit;”8. “Sale” is defined in Section 2(1)(n) as...software” is defined as follows:“The nature of software.—What then, is the software program? If a person goes to a store to purchase an item of software, he will most likely...said Act is a very wide definition. He submitted that “goods” have been defined to mean all kinds of movable property except those specified, namely, actionable claims, stocks, shares and securities...

...appellant company for its insistence that goods should be of standard and merchantable quality. The pendency of the appellant company's suit to recover the said excess may also have made it difficult for...company made it a condition that it would accept delivery only of goods found on inspection to be of standard and merchantable quality, was challenged. The appeal court found that even before the said...accept only those goods which were of standard and merchantable quality. The appeal court also rejected the company's contention that until May 7, 1962 when the 6th respondent sent its revised invoice...

...plaintiffs would be entitled to no damages on the ground that it has not been shown that the goods bought by description were not of merchantable quality as described in the sold-notes; and secondly on.... Webb and Co. Ltd., (1922) 1 KB 55. Goods are of merchantable quality if they are of such a quality and in such condition that a reasonable man, acting reasonably, would...) AIR 1955 Mad 435 : 1935 Mad WN 216 (sale of skins stipulated to be of fair average quality). The condition is not that the goods shall be ...

...not), there is an implied condition that the goods shall be of merchantable quality:Provided that, if the buyer has examined the goods, there shall be no implied condition as regards...implied condition that the goods shall be of the merchantable quality. If however the buyer had examined the goods, then there shall be no implied condition as regards defects which such examination...were not merchantable in the statutory sense because their defects rendered them unfit to be worn next to the skin. The Judicial Committee also defined the term “merchantable”. According to their...

...description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality:Provided that, if the buyer has examined the...emptor. If a dealer deals in goods of a particular description and if the buyer purchases the same, then there is an implied condition that the goods shall be of the merchantable quality. If however the...help the opponents for the reasons stated by me above. It is also held there that if the goods are bought by description there is an implied condition that the goods shall be of merchantable quality...

...acceptable merchantable quality of wolfram or tungsten contains a minimum 6a% WO3. This is the usable ore and it is in that sense that it is commercially understood. Wolfram ore when mined contains...can be achieved. Wolframite (WOg) of ordinary merchantable quality contains 60 to 70 per cent of tungsten, while wolframite ore of better commercial quality contains 75 to 79 per cent of the metal...natural form, the ore is not of marketable quality because the tungsten content in it, then, is hardly′0′5 to 2 per cent. By the aforesaid concentrating process, the ore is converted into ore of...

...not offer the contract to the very same rice mills. This was a decision taken in public interest to ensure that the ultimate consumer shall not a recipient of non-merchantable quality of rice..., when the problem was seen in the proportion of a large scam when the paddy hulled at the rice mills and delivered back to the Food Corporation and State Agencies, were found to be of non-merchantable...quality for human consumption. Three types of defects were reportedly noted. One category was beyond the limits permissible under the...

...shall be merchantable quality:Provided that, if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed...an implied condition that the goods shall be of merchantable quality. In the instant case there is no case for the plaintiff that the goods purchased are not of merchantable quality. The contention is...only that additional expenditure was to be incurred for centrifuging and making it suitable for their requirements. Merchantable quality only means, commercially saleable. Merely because the goods are...

...“agricultural income” as defined in S. 2, sub-s. (1), which limits agricultural income to income derived from land which is used for agricultural purposes and is either assessed to land revenue in British....7. The assessees were a mining company with mines in the Colony of New South Wales. The ore was extracted in New South Wales and was converted from a crude into a merchantable product in New...South Wales. The merchantable product was, however, sold and the price paid not in New South Wales but in Victoria. Their Lordships observe at page 392:The word ‘trade’ no doubt...

...use.12. The question that arises for consideration is whether having regard to the terms of the contract, Ex. D-10, there is no implied warranty as to its merchantable quality and...description and that there was an implied condition that the goods should be of merchantable quality and that as the crushing machine was not able to produce more than 1½ tons per hour by reason of the latent...that it is consequently not of merchantable quality within the meaning of Section 16(2) of the Sale of Goods Act.15. The common law rules on the subject of implied conditions, or...

...Court was delivered byN. Seshasayee, J.:— The third respondent is the supplier of some steel plates to the petitioner and there is some controversy over the merchantable quality of the...