CA Success Path- Foundation: post #4076 — TG.ME

As per the provision of the Sale of Goods Act, 1930, an unpaid seller has a right to institute a suit for price against the buyer personally. i) Where under a contract of sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods, the seller may sue him for the price of the goods. ii) Where under a contract of sale, the price is payable on a certain day irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may sue him for the price. It makes no difference even if the property in the goods has not passed and the goods have not been appropriated to the contract. Conclusion: In the present case, Suraj will succeed against Sohan for recovery of the remaining amount. Apart from this, Suraj is also entitled to: 1) Interest on the remaining amount. 2) Interest during the pending of the suit. 3) Costs of the proceedings.