A contracted to build and sell, and B to purchase, two ships, which were to be paid for by instalments and built under the supervision of B’s inspector. C arrested the ships when approaching completion for an alleged debt of B’s to him. A petitioned for recal of the arrestments.
Held that under the Sale of Goods Act 1893 the property in the ships depended upon the intention of the parties as expressed in the contract, and as there was nothing in the contract to show that the parties intended to transfer the property in the ships while in course of building, the property remained in A, the builder, who was therefore entitled to recal of the arrestments.
Judges:
Lord Chancellor (Loreburn), Earl of Halsbury, Lord Macnaghten, Lord James Of Hereford, Lord Robertson, and Lord Atkinson
Citations:
[1907] UKHL 87
Links:
Jurisdiction:
England and Wales
Transport, Contract
Updated: 27 April 2022; Ref: scu.622313
