Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | construction of contract s. 56 Frustration Indian Contract Act (I of 1872) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Contract Act, 1872 (9 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Contract Act (1 of 1872), s. 56-Contract for delivery of goods manufactured by particular Mill as soon as they are supplied - Construction of contract-Non-receipt of goods from Mill within time-Whether excuses performance-Doctrine of frustration. The respondents agree to deliver 61 bales of cloth to the appellant by the 17th November, 1941. The agreement provided "we shall continue sending the goods as soori as they are prepared to you up to Magsar Badi 15, Sambat 1998...... We shall go on supplying goods to you of the Victoria Mills as soon as they are supplied to us by the said Mills. . . . . . We shall go on delivering the goods to you ...... out of the goods noted above which will be prepared by the Mill." In a suit for damages for non-delivery of the goods the respondents pleaded that as they had not received the goods from the Victoria Mill~ before the 17th of November, 1941, performance of the contract had become impossible by reason of an event which they could not prevent and the contract had therefore become void under Sec. 56, Indian Contract Act : Held, (i) that, on a proper construction of the contract, delivery of the goods was not made contingent on their being supplied to the respondents by the Victoria Mills. The words "prepared by the Mills" were only a description of the goods to be supplied, and the expressions "as soon as they are prepared" and "as soon as they are supplied to us by the said Mill" simply indicated the 'process of delivery. This was not therefore a case in which the doctrine of frustration of contract could be invoked. (ii) Even apart from the construction of the agreement, as the respondents had not shown that they had placed an order for the goods with the Victoria Mills and yet the Mills had failed to supply, there was a clear breach of contract to deliver and the appellant was entitled to recover damages. |
Judge | Hon'ble Mr. Justice Sir Saiyid Fazl Ali |
Neutral Citation | 1951 INSC 51 |
Petitioner | Ganga Saran |
Respondent | Ram Charan Ram Gopal |
SCR | [1952] 1 S.C.R. 36 |
Judgement Date | 1951-11-01 |
Case Number | 56 |
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