Instant SSL
Contract

Contract (136)

HELD:

"The test whether a contract of sale of specific goods is conditional or not is whether the contract is made subject to a condition which suspends the passing of property, so that the property will not pass to the buyer when the contract is made, but only when the condition is fulfilled.

HELD:

"Section 17(2) of the Act, however, provides that for the purpose of ascertaining the intention of the parties, regard must be had to the terms of the contract, the conduct of the parties, and the circumstances of the case.

HELD:

"This pertains to the well established principle that contracts which are personal in nature or which involve the performance of personal service will not be specifically enforced.

HELD:

"A decree of specific performance is a form of relief that is purely equitable in origin and is one of the earliest examples of the maxim that equity acts in personam.

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