Sale and agreement to sell cases refer to the legal cases that deal with the sale of goods. A sale is defined as the transfer of the ownership of goods from one person to another for consideration, whereas an agreement to sell is a contract in which the seller promises to sell and the buyer promises to buy the goods at a later date or under specific circumstances.

One of the most famous sale and agreement to sell cases is the case of Associated Cement v. T.N. Electricity Board. In this case, the T.N. Electricity Board had entered into a contract with Associated Cement for the supply of cement. Before the delivery of cement, there was a shortage of electricity supply in the state of Tamil Nadu, which led to the partial shutdown of operations at the T.N. Electricity Board. The Electricity Board then cancelled the contract with Associated Cement, citing force majeure as the reason.

Associated Cement filed a lawsuit against the T.N. Electricity Board, arguing that the contract was a sale and not an agreement to sell, and therefore the ownership of the goods had already passed to the buyer. The court held that the contract was indeed a sale and not an agreement to sell since the risk of loss had passed to the buyer at the time of the contract. Therefore, the T.N. Electricity Board was liable to pay the amount due under the contract.

Another important sale and agreement to sell case is the case of Hindustan Sugar Mills v. State of Rajasthan. In this case, Hindustan Sugar Mills had entered into a contract to sell sugar to the State of Rajasthan. The contract included a clause that stated that the delivery of goods would be subject to the receipt of an import license from the government. The import license was not granted, and the State of Rajasthan cancelled the contract.

Hindustan Sugar Mills filed a lawsuit against the State of Rajasthan, arguing that the contract was an agreement to sell and not a sale since the transfer of ownership was subject to the receipt of an import license. The court held that the contract was indeed an agreement to sell since the transfer of ownership was dependent on the fulfilment of a condition. Therefore, the State of Rajasthan was not liable to pay damages to Hindustan Sugar Mills.

In conclusion, sale and agreement to sell cases are important in determining the rights and obligations of the parties involved in a contract for the sale of goods. It is essential to understand the difference between a sale and an agreement to sell and their implications in case of disputes. As a professional, it is crucial to ensure that legal content is presented in a clear and concise manner to help readers understand the complexities of legal terminology.