ISSUE:
Whether the property in the 300 tons of newsprint in sheets had passed to the appellants before the resale?
RULE:
Sec. 18 of the Sale of Goods Act says that, when the property in goods is said to pass to the buyer it says that it is only after the goods have been ascertained to the contract that the property in goods is said to pass to the buyer. Moreover, it adds that if the delivery is to be made of a smaller chunk out of whole then it does not connote ascertaining of goods.