(ii) Beyond the Date of Contract (a). Goods not in a Deliverable condition Where there is a contract for sale of specific goods not in a deliverable condition i.e. the seller has to do certain activities to bring the goods into deliverable condition like painting, quality checking, weighing etc., then the ownership does not pass till such activities bringing them into deliverable condition are completed. eg.
There was a contract for a sale of machine weighing tonnes and installed in a concrete floor. Some parts of the machine were damaged during the process of removal. In this case, buyer is entitled to refuse to buy the machine as it is not in a deliverable condition. (b) When the Price of Goods is to be Ascertained by Weighing or Testing or Doing Something Where there is a contract for the sale of specific goods in a deliverable condition, but the seller is yet to weigh, measure, test or do some other act or think with reference to the goods for the purpose of fixing the price, then the ownership in the goods passes to the buyer only after such activities are carried out and completed and the buyer has a knowledge of it.
eg. ‘A’ sold some quantity of wheat to ‘B’ at the rate of Rs. per kg. However, ‘A’ had to weigh the wheat in order to know the price of the entire quantity of wheat sold to ‘B’.
In this case, the ownership of the wheat shall transfer to ‘B’ as soon as ‘A’ weighs the wheat ‘B’ comes 12th Commerce Unit - - . . AM to know about the completion of the weighing activity.