The Sale of Goods : Including the Factors Act, 1889

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188, C. A. AUUr if perhaps the seller wrongfully retake the goods after delivery, Gillard v. Brittan (1841), 8 M. & W. 575; but see Johnson v.
Lancashire Railway (1878), 3 C. P. D., at p. 507.
3 Ibid, and France v. Gaudet (1871), L. B. 6 Q. B. 199.
1 Lancashire Wagon Co. v. Fitzhugh (1861), 30 L. J. Ex. 231.
5 Ibid. ; cf. Cooper v. Willomatt (1845), 1 C. B. 672.
6 Milgate v. Kebble (1841), 3 M. & Gr. 100.
' Cooper v. Willomatt (1815), 1 C. B. 672; Ililbery v. Batton (1864), 33 L. J. Ex. 190.
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...82 SALE OF GOODS.
Sect - 55, entitled to recover, find by their verdict (or if there be Specific no jury then the judge shall find) what are the goods in ance. respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered; what, if any, is the sum which the plaintiff would have been liable to pay for the delivery thereof ; what damages, if any, the plaintiff would have sustained if the goods should be delivered under execution as hereinafter mentioned ; and what damages if not so delivered ; and thereupon if judgment shall be given for the plaintiff, the judge in his discretion, on the application of the plaintiff, shall have power to order execution to issue for the delivery, on payment of such sum if any as shall have been found to be payable by the plaintiff as afore- said, of the said goods without giving the defendant the option of retaining the same upon paying the damages assessed.


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