Law 5110 Quiz: Discharge of obligations
Document Summary
Position when one party wants to end the contract (their duty is to pay the other party) and the other party says that is fine but proceeds to sue the other party upon completion. A large proportion were more than half but not more than 9/16 of an inch. A small proportion were over 9/16 of an inch and a very small proportion were over 5/8 of an inch. An inquiry is conducted by an umpire who concluded that they would be perfectly fit for making barrels all of the staves could be used. The staves were fit for the purpose for which they were sold. The decision in the case hung on this point- that it was a sale by description under s. 14 of the sale of goods act merchantable quality . This meant they could be sold on as goods of that description.
